The association says it is “concerned about the current public discourse that unfairly blames judges and prosecutors for releasing offenders back into the community on bail.”
The B.C. branch of the Canadian Bar Association weighed in on the debate over bail reform Wednesday, emphasizing the importance of judicial and prosecutorial independence.
The statement notes that judges make bail decisions by applying the Criminal Code of Canada and its interpretations from the Supreme Court of Canada. The law presumes innocence until guilt is proven and favours release on bail pending trial, not incarceration pending a hearing, it says. In November, in response to reports of random, repeat violent offences, the Attorney General’s Ministry issued a directive requiring Crown prosecutors to seek the detention of an accused in cases where public safety was deemed to be at risk. The prosecution service implemented a revised bail policy on Nov. 22.
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