Alberta election fact check: Can a UCP government track serious offenders out on bail? | 24CA News
A current escalation of public dysfunction on metropolis streets in Alberta put public security within the limelight simply earlier than the beginning of the Alberta election interval.
And on Tuesday, the United Conservative Party promised to place extra ankle bracelets on individuals who search bail as a part of its public security plan.
“This plan will crack down on criminals with ankle bracelet monitoring of dangerous offenders out on bail and deploying sheriffs to monitor them,” UCP Leader Danielle Smith mentioned Tuesday.
“To better monitor violent or sexual offenders out on bail, a re-elected UCP government will provide ankle bracelets.”
But can a democratically-elected authorities impose bail situations? Let’s look into it.
“Bail is governed under Section 512 of the Criminal Code of Canada and it is a principle in law that bail conditions are the purview of the court — not a government and certainly not a politician,” Mount Royal University criminology professor Doug King mentioned.
“So it’s uncertain to me as to how the government would bring that about.”
Judges have already got the choice to impose digital monitoring — ankle bracelets — as a part of launch situations, together with home arrest/curfew restrictions, contact restrictions and weapons bans.
The UCP promise features a “24/7 electronic monitoring program” staffed by Alberta Sheriffs and “providing further options for courts to impose electronic monitoring as a condition of bail.”
A query of Charter rights
Criminal defence lawyer Tom Engel mentioned any political celebration or authorities can not mandate using GPS ankle bracelets.
“They’d be interfering with judicial discretion,” Engel mentioned.
King famous that Canada’s justice system is predicated on the presumption of innocence of a selected crime till they’re convicted of that crime, which normally comes after the bail course of.
“We are commanded by the (Canadian) Charter of Rights and Freedoms to assume that an individual is innocent regardless of their criminal past, they’re innocent of the offence that they have been charged with before a court of law,” the MRU criminologist mentioned.
“Too onerous of conditions placed on someone but could result in a Charter challenge under Section 7 of the Charter (the right to life, liberty and security) and under Section 11, which (includes protections from) arbitrary detention,” King mentioned. Section 11 additionally enshrines the suitable to be presumed harmless till confirmed responsible.
The Edmonton-based felony defence lawyer mentioned it’s not unusual for the accused to suggest using an ankle bracelet.
“If there’s a concern about complying with the conditions of release, quite often the accused will suggest that (an ankle bracelet) would be a good measure to give the judge confidence in releasing the person,” Engel mentioned. “But it’s got nothing to do with the UCP or the provincial government.”
‘Not a leash’
Engel mentioned presently the ankle bracelets are supplied and monitored by non-public firms, who name police if the monitored particular person leaves the judge-prescribed space.
King mentioned the monitoring system itself isn’t a restriction.
“It’s not a leash. The leash will be the other conditions that will have to be applied by a judge,” King mentioned.
On March 16, the Calgary Police Service issued a warrant for the arrest of a person who they believed had eliminated his ankle bracelet.
Smith mentioned her celebration’s proposal would have “more eyes” on individuals on bail situations that embody digital monitoring.
“The ankle bracelet monitoring is going to be very important,” she mentioned.
“The main difference that we’re going to see is that if the federal government does not address the issue of the ‘catch-and-release,’ we know we have to step in. That’s why we will be using the ankle bracelets in order to be able to monitor.”
Further clarification from the celebration solely mentioned it could enact this system “no matter what,” whatever the bail reform work presently being performed by the federal authorities in session with provincial justice ministers.
King mentioned given the tempo of that work, he expects federal bail reform to be handed throughout the calendar yr.
A blast from the previous
Alberta NDP candidate and former justice minister Kathleen Ganley mentioned the federal government checked out attainable elevated makes use of of ankle bracelets throughout her tenure as legal professional basic. She mentioned the hope on the time rested within the advances in monitoring expertise — advances that her celebration might take into accounts in the event that they type authorities.
Ganley as a substitute pointed to “demonstrated strategies” to cut back recidivism, together with coaching with correctional officers and implementation of different applications and administration instruments.
“I think the evidence at the time was that those things were much more cost effective and much more effective in terms of preventing recidivism, re-offending, whether when out on bail or whether, you know, after release,” she mentioned Wednesday at an unrelated press convention.
“They tried this in the U.K., they’ve tried this in several other places, and it hasn’t been particularly effective. It has cost an enormous amount of money and it hasn’t increased public safety at all.”
King additionally recalled when the Alberta authorities issued ankle bracelets to people convicted of home violence, beginning in 2010.
“Then it was cancelled under the Kenney government… in 2019. And Minister (Doug) Schweitzer at the time was really quite vague as to why it was cancelled,” he mentioned.
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