Manitoba Justice Minister Kelvin Goertzen wants to crack down on people charged with violent crimes involving knives.
“Manitoba has particular problems with knives and those used in violent attacks and we are concerned that it will be nearly impossible not to grant bail when someone is charged with a violent crime with a knife,” Goertzen said in an interview Thursday.
He wrote to David Lametti, the federal Minister of Justice, asking him to consider changes to the Criminal Code of Canada.
Goertzen said anyone charged with a violent knife crime who seeks bail should be treated the same as those charged with a firearm offense.
“What we’re saying is it should be equivalent if you commit a felony with a gun, it should be reversed on bail,” Goertzen said. “You should have to prove why you should be able to get bail.”
In most cases, the onus is on the Crown to show why bail should be denied.
Brandon Trask, an assistant professor at the University of Manitoba Law School and a former prosecutor outside Manitoba, thinks it’s a valid suggestion that should be explored further.
“If there is an additional reverse onus clause, that may send a message to judges,” Trask said.
But Trask said the Supreme Court of Canada has found that reverse onus clauses like the one Goertzen is proposing are problematic unless they are narrow enough in scope. He also said they don’t automatically mean someone will be denied bail and people can still be detained pending conviction if a judge decides they pose a flight risk. , whether they present a risk of recidivism or whether their detention is necessary to ensure public confidence in the administration of justice.
“At the end of the day, the test, the ultimate test for bail, remains the same whether or not there is a reverse onus,” Trask said.
Michael Weinrath, a criminal justice professor at the University of Winnipeg, thinks more data is needed. Weinrath said it would be helpful to know how many people charged with a violent knife-related crime commit another alleged offense while out on bail.
“I would love to see people try to examine if a trend exists,” Weinrath said. “If it’s really a problem, if the current system is doing everything it can to identify high-risk situations.”
The Winnipeg Police Service’s 2021 Annual Statistical Report shows knife crime in Winnipeg actually declined slightly over the past year – down 0.3% from the five-year average and 16% from to 2020. The report notes that 18% of knife crimes in 2021 could not be solved because the victim refused to participate in the investigation.
It does not specify how many people charged with violent crimes involving knives have reoffended while out on bail.
Chris Gamby, a lawyer and spokesperson for the Criminal Defense Lawyers Association of Manitoba, sees Goertzen’s suggestion as unnecessary and reactionary.
“Maybe someone has already been hurt by this,” Gamby said. “So in that way, my first thought maybe is that we need to do more to address some of the causes and reasons why people would start committing violent crime in the first place.”
He said judges already have a number of tools to deny bail.
“The Crown office is very aware of this and they are adept at making a case,” Gamby said. “So, for example, if you had someone who had a history of knife offences, previous convictions for aggravated assault – that’s exactly the kind of thing they would put in a request for denial of release on bail to that person.”
Goertzen said the government is also working to address the root causes of crime by providing support to community organizations, such as the Bear Clan, to support street patrols.
“But there comes a time when individuals have proven themselves to be a danger to the community and you have to ask the question, why are they back in the community.” Goertzen said.
Goertzen said he heard concerns about people charged with knife-related crimes recidivism while out on bail from police, prosecutors and members of the public.
He said he will also introduce other proposed Criminal Code changes aimed at tackling crime in Manitoba.
CTV News Winnipeg has contacted federal Justice Minister Lametti’s office for comment.