Manitoba Crown Attorneys Demand More Time for Bail Hearing Prep

The Manitoba Association of Crown Attorneys is advocating for significant reforms in the process of requesting bail hearings in provincial court. The union argues that current practices do not allow prosecutors sufficient time to prepare adequately, which may compromise public safety and the integrity of the judicial process.

In a recent proposal, the association is urging for a new directive that would mandate a minimum of 24 hours’ notice before an accused individual appears before a judge to apply for bail. This request comes amid ongoing discussions about the effectiveness of the bail system in the province. The union is also calling for enhanced resources in the bail court, including more Crown prosecutors and additional police resources to investigate the activities of individuals released on bail.

The union emphasized that “public safety and public confidence in the administration of justice would be better served by a system that allows Crown attorneys appropriate notice of a bail hearing and adequate time to prepare.” This statement was included in a document submitted to justice officials prior to a press conference scheduled for March 2024.

Currently, individuals charged with crimes appear in a bail triage court before a justice of the peace. Their lawyers can request a transfer to a bail court for a contested hearing, but the union points out that prosecutors often lack certainty regarding which cases will be moved to bail hearings. Transfers frequently occur on the same day, leaving prosecutors to prepare as if all matters on the triage docket will require a hearing, which is not always the case.

The union contends that this lack of notice results in an inefficient use of resources, stating that “the unnecessary preparatory work required by Crown attorneys in these circumstances is an inefficient and wasteful use of public resources.” These resources, they argue, are essential for ensuring safe communities.

Contested bail hearings occur when prosecutors oppose the release of an accused individual. During these hearings, Crown attorneys present arguments against bail, while defense lawyers propose conditions, such as maintaining sobriety or adhering to a curfew, that could mitigate concerns regarding the accused’s release. On any given day, as many as 100 individuals may appear on a bail triage docket, creating an overwhelming amount of information for prosecutors to review.

The union highlighted that this includes examining an accused’s previous criminal record, past bail grants, their proposed release plan, and the circumstances surrounding the victim. In their proposal, they noted that other provinces, such as British Columbia, Alberta, Saskatchewan, and Ontario, require some form of notice when an accused plans to seek a bail hearing.

The call for reform underscores the pressing need for an efficient and fair bail system in Manitoba, aiming to balance the rights of the accused with community safety. As discussions evolve regarding bail reform, the demands from the Manitoba Association of Crown Attorneys reflect a critical perspective on the current state of the judicial process in the province.