Questions are being raised about Canada’s bail system following the release of a repeat offender in St. Thomas, Ontario.According to court records, a man with no fixed address was arrested for breaking and entering and for violating probation conditions. Despite his history, he was released on bail. One of the bail conditions required him to remain at his “residence” between 10 p.m. and 6 a.m., a stipulation critics argue is unenforceable given that the man is homeless. .Enforcement of such conditions has become a point of debate among police and legal experts, who say that officers cannot realistically monitor curfews when an individual has no permanent address. If breached, the penalty in this case would be a $250 fine.In a video released this week, Conservative MP Andrew Lawton highlighted the case and pointed to broader concerns about Canada’s bail system. He linked the issue to Bill C-75, federal legislation passed in 2019 that amended the Criminal Code to make bail easier to obtain.The law directs judges and justices of the peace to release individuals at the earliest reasonable opportunity and under the least restrictive conditions. Some police associations, municipal leaders, and provincial governments have argued that these changes have contributed to what they describe as a “revolving door” of repeat offenders being arrested, released, and re-arrested in short periods of time..Federal officials, including Justice Minister Sean Fraser, have defended the system, saying the reforms were designed to balance public safety with constitutional rights.The St. Thomas case comes as bail reform has become a central issue in Ottawa. Both Conservatives and Liberals have committed to introducing new legislation this fall. Conservative Leader Pierre Poilievre has announced that his party’s bill will create a new category of “major offences,” including crimes such as sexual assault, kidnapping, home invasion, and human trafficking..Under the plan, people accused of these offences would face a reverse onus, meaning they would have to demonstrate why they should be granted bail. Conservatives are also calling for the repeal of parts of Bill C-75 and Bill C-5, which they argue weakened protections by requiring bail to be granted under the “least onerous conditions” and by eliminating mandatory minimums for certain violent crimes.The Liberal government has signaled it will table its own bail reform bill shortly after Parliament returns. Prime Minister Mark Carney and Justice Minister Fraser have pledged to make bail laws tougher for individuals accused of violent and organized crime offences while maintaining constitutional safeguards.The Liberals expanded reverse onus provisions in 2023 to include more firearms offences and cases involving intimate partner violence, but critics say the reforms did not go far enough..With both parties preparing legislation, the debate is expected to center on whether courts should have broader discretion to detain repeat offenders and how to ensure bail conditions are enforceable.Conservatives have framed the issue as one of public safety and accountability, while Liberals emphasize the importance of balancing security with the rights guaranteed under the Charter of Rights and Freedoms.Critics like Lawton argue that individuals with repeated offences, particularly those who breach existing conditions, should face stricter measures, while supporters of reform say addressing gaps in the system is necessary to restore public confidence in Canada’s justice system.
