Uqaqtittiji, I am honoured to speak to Bill C-14 as the NDP justice critic, and I acknowledge that there is huge public concern about the bail system and that Canadians want to feel safe.
The New Democrats, having read through this bill, have concerns. There are real challenges in our bail system. Some examples include the high detention rate of those charged and awaiting trial. One-third of those charged are never convicted of anything. Jails are full and bursting. This bill does not address resources for provinces and territories, which would have to bear the burden of this bill. While in detention, there is no access to supportive programming, like drug and alcohol addiction programs and any other substance abuse programs. There is a severe lack of data about the number of people out on bail who are reoffending. Of course, we all know there is an overrepresentation of indigenous and marginalized communities in corrections.
Conservatives like to talk about catch and release to stoke fear. Most of these are urban, public disorder problems caused by poverty, drugs, alcohol and mental health problems.
Jurisdictions all over the world, including the United States, have a tough-on-crime approach to bail, which does not make communities safer. We see that all the time in the media. Often, these policies make communities less safe and increase recidivism.
Regarding pretrial detention, I have some facts to share. Over the past 30 years, the rate of pretrial detention in Canada has more than tripled. The rate is far higher in the United Kingdom, Australia, New Zealand, Ireland and most western European nations. The poor, the homeless and those suffering from addiction or mental health issues are more likely to be denied bail and held in detention because of a few factors: They do not have phones, do not have access to stable housing and employment, which are necessary to meet the requirements of bail, or lack friends and relatives who could serve as sureties.
More than 60% of those being held in provincial correctional institutions are awaiting trial. Many detainees are never convicted of an offence, and less than 65% of charges result in convictions. Those in pretrial detention have no access to alcohol, drug, or mental health programs. Even short periods in detention lead to higher rates of future conflict with the law. More than 40% of those detained are held for longer than a month. Pretrial detention often has serious impacts that can lead to loss of housing, employment and custody of children.
For those who do get bail, failure to meet conditions set out for bail often leads to additional criminal charges. Too many of those lack the personal supports and resources necessary to meet those conditions.
As I mentioned briefly, there is a serious lack of data and evidence-based information for reform. That is what we are calling for. No jurisdiction in Canada collects standardized data about the number of people out on bail and what their bail conditions were when offences were recommitted while on bail.
The Canadian Civil Liberties Association made a submission to the justice committee and included recommendations about data collection. It cited the importance of grounding amendments to the Criminal Code in data and evidence. Regarding legislative reform, it must be done once adequate data has been collected. The federal government must collaborate with provinces, territories and civil society to launch specific initiatives to collect and report standardized data about bail systems to inform legislative reforms. There must also be improved conditions in provincial and territorial jails, because the potential for poor conditions undermines the objectives of preventing crime and ensuring rehabilitation. There is a lack of leadership from the federal government regarding data collection in the criminal justice system.
Another concern is the overrepresentation of indigenous people in the corrections system. Indigenous people are drastically overrepresented in the corrections system.
This bill would establish a broad category of reverse onus bail provisions applying to many offenders. It would have a disproportionate effect on indigenous, racialized and marginalized Canadians. There are, of course, specific Nunavut concerns because of the lack of infrastructure and a travelling court system.
Canadians' concerns about violent repeat offenders are real. New Democrats are also concerned, but rushing ahead with reforms without data and without considering the impact on indigenous and marginalized groups is a huge concern. These broad reforms, without informed data or evidence, are not the solution.
New Democrats have a different approach to bail reform. There need to be pragmatic and achievable solutions to keep communities safe. They need to address the root causes of crime, and justice reform should be targeted, not broadly capture everyone.
We need to provide better supervision for those on bail. Another solution is on-demand drug, alcohol and mental health treatment programs to end the revolving door of criminality.
For these reasons, the NDP believes in supporting and expanding community-based bail supervision programs. For example, the John Howard Society has run bail supervision and verification programs in partnership with the Ontario Attorney General since 2011. These programs now operate in 17 Ontario communities.
The success rate of these programs is over 90% in making sure bail conditions are observed and clients show up in court. The cost is five dollars per day, as opposed to $184 per day for detention in Ontario, and this has reduced the overall numbers in pretrial detention. These programs ensure those on bail meet their conditions and have opportunities to be connected to alcohol, drug and mental health treatment programs.
The Canadian Civil Liberties Association agrees with the NDP that Canada must increase support for community corrections. Additional bail supervisors must be hired, and alternate bail release and supervision programs must be implemented, with a focus on offenders with mental health or addiction challenges.
The NDP is cautious in our approach to this bill, and we will continue to consult with women's groups, civil liberties groups and indigenous groups to ensure their voices are being heard.