Lawyers, inmate advocates applaud plans to reform bail system

Defence lawyers and inmate advocates are applauding proposed changes to Ontario's bail system to try to reduce the number of low-risk accused awaiting trial in the province's crowded jails.

On Thursday Attorney General Yasir Naqvi has announced he will be hiring more judges, Crowns and duty council to reduce wait times, and speed up the process of an accused getting his or her day in court.

But the bail reforms represent the first time the government has made a concerted effort to improve the way bail functions in Ontario, according to Anne London-Weinstein, the president of the Defence Counsel's Association of Ottawa.

"They're going to be looking at a program for those people that will draw them out of the custodial system. I found that tremendously hopeful," said London-Weinstein.

Bail changes could ease jail overcrowding

The John Howard Society, which advocates for inmates in jail, and provides assistance for those who can't make bail because they have nowhere to live, says the announcement means the organization will be able to expand it's bail verification and supervision program.

"What it will mean is that when individuals are charged with a crime and they don't have a surety who will be able to supervise them in the community, then hopefully they'll have better access to a program," said executive director Tyler Fainstat.

"Currently we are monitoring 200 people. We are at capacity, not able to take more people and what we know is that there are many more individuals who could qualify for our program and therefore would not be sitting at [The Ottawa Carleton Detention Centre] waiting for trial," Fainstat said.

Fainstat says it also makes financial sense, since he says studies have shown that supervising someone out on bail costs a fraction of what it would be to keep them in jail.

Backlog of cases remains significant 

London-Weinstein says hiring more judges, Crown attorney's, court staff and duty counsels should help reduce the thousands of cases currently at risk of being stayed or withdrawn, province-wide, due to delays.

"It's a step in the right direction," London-Weinstein said. "I don't know whether it will be enough to address the backlog. Because 6,000 is a lot of cases and even with new Crown attorneys and new judges, you're still going to be facing a significant backlog."

But at least one observer thinks the changes have come too late.

A couple of weeks ago, Nicole Nayel watched as Adam Picard, the man accused of murdering her son Fouad Nayel, walked out of the Ottawa courthouse a free man.

 An Ottawa judge decided to stay the charge of first degree murder, because it had taken four years to bring the case to trial.

"I think it was a little too late to take this action. That should have been done a while back. They know there's a problem with the system. They know we don't have enough judges," Nayel said.