I get that the general approach to someone being charged with a crime
and brought before a judge (in Ontario, that can be a judge or a justice
of the peace but I'll just say judge) for arraignment should be to give
them the benefit of the doubt and give them bail if they've never been
in trouble with the law before. After all, the charge may be sketchy
with weak evidence and may even involve police coercion, all things that >won't come out until the trial. That's pretty reasonable for crimes that >aren't too severe and involve first time offenders. (Reasonable people
could dispute where the dividing line is on severity!)
A review of bail decisions for 2022-23 by the BC Prosecution Service in >British Columbia revealed that detention rates were slightly higher than >average when there was a violent offence involved (between 10 to 13 per >cent) and notably higher where there was a violent offence and breach of >conditions (between 17 and 24 per cent).
According to a report from the Toronto Police Service, seven out of the
of 44 gun-related homicides in 2022 (16 per cent) were allegedly
committed by people on bail.
Rhino <no_offline_contact@example.com> wrote:
. . .
But when the same individual is arrested again and again for new crimes
or breaches of bail conditions while still awaiting trial on the first >>charge, it is increasingly difficult to believe that he or she is
innocent of all of these charges: they look very much like a career >>criminal that is continuing to indulge in their profession thanks to the >>bail they keep getting.
The evidentiary standard is much lower for arraignment and deciding
whether the defendant should be in pre-trial confinement. Actual
innocence simply is not a consideration, and the defendant isn't even
allowed to make any such claim.
The point is that holding those in pre-trial confinement who need to be
held isn't impossible and shouldn't even be difficult. It's just that
the entire justice system is failing to follow the law.
=======================================================================
A review of bail decisions for 2022-23 by the BC Prosecution Service in >>British Columbia revealed that detention rates were slightly higher than >>average when there was a violent offence involved (between 10 to 13 per >>cent) and notably higher where there was a violent offence and breach of >>conditions (between 17 and 24 per cent).
That goes to my point! Breach of bond conditions? 100% of such bonds
must be revoked. They aren't following the law.
It's not remotely clear from anything I've read whether the person who >commits a second (or third or fourth) offence while on bail sees the >original arraignment judge or is given an entirely new judge. It's not
even clear if the second (third, fourth) arraignment judge has any
knowledge of the suspect's previous interactions with the court! The
judge may not even KNOW about previous arraignments, let alone what was >decided by the previous judge.
But that apparently isn't happening as we see from the example of BC.
Surely that could be remedied by changing the law so it isn't
discretionary about whether the judge could revoke bail after a breach
of conditions.
On Sun, 3 May 2026 14:57:05 -0000 (UTC), "Adam H. Kerman"
<ahk@chinet.com> wrote:
=======================================================================
A review of bail decisions for 2022-23 by the BC Prosecution Service in >>>British Columbia revealed that detention rates were slightly higher than >>>average when there was a violent offence involved (between 10 to 13 per >>>cent) and notably higher where there was a violent offence and breach of >>>conditions (between 17 and 24 per cent).
That goes to my point! Breach of bond conditions? 100% of such bonds
must be revoked. They aren't following the law.
You can understand how that makes ME feel given I live in British
Columbia! (Canada's second biggest primarily English-speaking province
- and I live in BC's largest city)
You can understand how that makes ME feel given I live in British
Columbia! (Canada's second biggest primarily English-speaking province
- and I live in BC's largest city)
Seattle?
| Sysop: | Tetrazocine |
|---|---|
| Location: | Melbourne, VIC, Australia |
| Users: | 14 |
| Nodes: | 8 (0 / 8) |
| Uptime: | 176:16:12 |
| Calls: | 218 |
| Files: | 21,503 |
| Messages: | 81,788 |