Madam Speaker, I was quoting the Government of Saskatchewan, which stated:
With respect, Clause 1 is unnecessary as what it encompasses is already dealt with in practice through sections 515(10) (a) to (c). Setting out offenders' failing to appear history or whether they had pending charges, and if so what they were, are already provided to the court through submissions under those provisions.
Although I appreciate the concept behind the Bill is a good one, the effect of Clause 2 in particular will both significantly interfere with prosecutorial discretion and increase case handling time for every custodial matter, in my view. In our jurisdiction, prosecutors only on the rarest of occasions actually lead evidence. Rather, almost all bail hearings are conducted through the submission process during which Crown Attorneys and then defence counsel make submissions regarding the circumstances of the offence, prior history of the offender, and what if any other charges are before the court. No viva voce evidence is usually called, nor are strict rules of proof engaged.
The Bill's wording, however, would require prosecutors to do so. Prosecutors will also have to “prove the fact” the defendant has a criminal record, is awaiting trial, has a record for failing to appear, or must comply with bail conditions. The Crown will be compelled to provide this information and this interferes with prosecutorial discretion. Moreover, because virtually all of this type of information is currently provided to the court by way of submission only, proof of fact will require the tendering of evidence which will add significant case handling time for every matter appearing on our custody dockets.
With Jordan and its implication for as speedy a resolution as possible for criminal matters, every moment we can spare for trial matters is time worth preserving.
I went to these hearings in the justice committee with a very open mind. I had acknowledged my respect for my colleague from St. Albert—Edmonton by voting for the bill at second reading and to send it to committee. I thought the concept itself was worthy of being heard and discussed. However, in the end result, the evidence provided by the totality of the witnesses said that while this was a great idea in theory, it did not work in practice.
We as a committee urged the Minister of Justice to find a different way to ensure, and we sent a letter to her to this effect, that this evidence be introduced at all bail hearings in a way that did not slow down the justice system or increase the burden of proof that may make our streets less safe.