Dear Mr. Bernier,
We write about your comments made and reported on CJDC-TV on April 23 and again on May 1, 2024 regarding a bail proceeding for an accused in Dawson Creek.
These comments demonstrate a misunderstanding of the law and the role of judges. Our concern is that public attacks like this risk undermining the public’s confidence in the criminal justice system.
The Criminal Code, which as you know is a federal statute, contains provisions that govern the law on bail. The Criminal Code provisions on bail were recently amended. These changes were developed by the federal government in collaboration with all the provinces and territories, and were based on engagement with stakeholders, including police, community organizations and Indigenous partners.
Decisions on bail must also be consistent with the Charter of Rights and Freedom, which provides that an accused has the constitutional right to the presumption of innocence and has a right to reasonable bail, along with legal principles set out by the Supreme Court of Canada.
A judge’s role is to receive evidence, including reports like the one the judge in this case requested, and hear arguments from Crown Counsel and defence counsel. The judge applies the law to the facts of a specific case and reaches a decision that can withstand appellate scrutiny. The news report indicates that you were urging the judge to do his job. That’s exactly what the judge in this case is doing.
When disputes are before the courts, the parties must be confident that the judge will make a decision based solely on the law and the evidence before them. Judges must be completely free from any outside influence, including the legislative and executive branches of government.
Your comments could lead to the false impression that elected officials can give direction to judges or that judges should make decisions based on popular opinion. Such comments unjustifiably risk undermining public respect for and confidence in the justice system and the judiciary.
We agree that it falls on everyone involved in the justice system to make sure that communities are not being put at unreasonable risk of harm. Public concern about these issues 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 that 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.
It also falls on everyone involved in the justice system – including members of the legislative branch – to educate the public and maintain confidence in the justice system.
We hope you will approach future opportunities through this lens.
Sincerely,
Scott Morishita
CBABC President, 2023-24