Past knife offences should be bail consideration

Opinion

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This article was published 04/09/2022 (843 days ago), so information in it may no longer be current.

It happens an average of three times a day in Winnipeg — someone is either stabbed or threatened they will be stabbed if they don’t comply with an attacker’s demands. Knives are the most common choice, but alternatives include box cutters, broken bottles, screwdrivers, scissors and hatchets.

Manitoba Justice Minister Kelvin Goertzen wants Ottawa to make it more difficult for people to get bail if they have a criminal record of crimes with sharp-edged objects, or if they’re awaiting trial for an allegation of using such a weapon.

Succinctly, Mr. Goertzen’s argument is that if people have stabbed once, they’re more likely to stab again, so don’t let them out of jail easily. He wrote federal Justice Minister David Lametti a proposal to change the Criminal Code to add this likelihood as a factor during bail hearings.

It seems a logical change, since the Criminal Code, Sec. 515(6), already provides a clause related to guns. When someone has been charged with an offence using a gun, it already is supposed to be more difficult to get bail. Mr. Goertzen’s proposed amendment will give edged weapons such as knives equal weight with guns in bail considerations.

While Mr. Goertzen formed his proposal in the security of the legislative office that is the appropriate setting for his function, his effort was supported by someone with considerably more street credibility. Public safety activist Sel Burrows has come face-to-face with armed gang members, without backing down, for more than 15 years.

As the co-ordinator of the Point Powerline crime-prevention group in North Point Douglas, Mr. Burrows started a tip line and a volunteer network that led to the closure of dozens of crack houses and made it difficult for predators and pushers to prey on people in the neighbourhood.

Mr. Burrows’ career before retirement includes being a corrections official, so when he critiques the bail system, his thoughts should be considered. He told the Free Press last month that he has been monitoring recent incidents involving guns or knives, and suspects are getting early bail or release “way more than before. Police have noticed this.”

Statistics consistently show that, in Winnipeg, about 10 per cent of all victims of violent crimes were either injured with a knife or threatened by someone with a knife. That’s higher than the national average of six per cent. Winnipeg’s rate is among the highest in Canada.

The high rate of violent attacks in Winnipeg has led some tough-on-crime advocates to suggest bail eligibility should be made substantially more stringent in many ways, not just for knife crimes. But it’s important that bail restrictions are not so excessive that they violate fundamental civil rights.

Arrested people get an opportunity for bail as crucial recognition that a criminal charge is not a conviction, that accused people are presumed innocent. With Manitoba’s sorely backlogged court system, the earliest trial date after an accusation can be anywhere from six to 18 months away. Bail lets accused people resume their jobs and normal lives within the community while they wait for the opportunity to defend themselves against charges.

But when an individual’s history includes having stabbed people before, that should be an important consideration in whether to grant liberty. Ottawa should give serious consideration to Mr. Goertzen’s proposal to adjust bail considerations when knives are involved.

The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. A propensity to stab other people should be considered just cause.