Letter to the Editor: Setting the record straight on judges and bail

VANCOUVER, B.C. — On April 23, 2024, CJDC-TV in Dawson Creek reported that the MLA for Peace River South “pleads with Provincial Court Judge to do his job concerning violent offender’s bail hearing.”

Judges do their job well every single day.  What seems to be missing is understanding what a judge’s job is.

Judges make decisions about bail by following the Criminal Code of Canada, which are laws set by the federal government. It’s a judge’s job to take those laws and apply them in a fair and impartial way. Politics and public opinion are not part of the laws that judges apply. 

If you were accused of a crime, you would want to know that the law is being applied to you impartially and fairly. It is bad for you, and bad for society, if judges were to make decisions based on popular opinion or political influence. 

The role of government and the role of judges are often confused. MLAs are unable to give direction to judges. The Attorney General of BC is unable to give direction to judges. Not even the Prime Minister can give direction to judges. Implying they can is plain wrong and casts doubt on the independence of the justice system.

A judge does not have the power to change the law – only the government has the power to do that. 

Judges and the government must stay in their respective lanes. Rather than criticizing judges’ decisions, politicians should focus on presenting ideas for reforms in the House of Commons. The most recent amendments to Canada’s Criminal Code regarding bail came into effect in January and were developed in collaboration with all provinces and territories and the federal government. These changes were based on engagement with stakeholders, including police, community organizations and Indigenous partners.

Bail also falls under the Charter of Rights and Freedoms. It is a cornerstone of our democracy that accused people are innocent until proven guilty – not locked away until their hearing.  

Public concern is understandable. No one wants to see more harm or disorder in our communities. But the solution to the problem of repeat offenders is not simple. The reality is we need government-funded infrastructure to support those with mental health problems, addiction problems, and housing problems. Without taking action to address the root cause of why individuals commit crimes, we perpetuate a cycle of poverty and violence. 

Perhaps politicians should think about doing their job by bringing resources and people together to solve these problems, rather than criticize the people who are doing their job within the systems built to serve us and protect our freedom.

Written by Scott Morishita, the president of the Canadian Bar Association, BC Branch for the 2023-24 term.