Related News

Search for missing boy in southern Alberta enters 3rd day

Search for missing boy in southern Alberta enters 3rd day

September 23, 2025
Thousands gather for Pride parade in downtown Toronto

Thousands gather for Pride parade in downtown Toronto

June 29, 2025
Forget hour-long workouts — new study says this 5-minute routine improves your strength and mental health

Forget hour-long workouts — new study says this 5-minute routine improves your strength and mental health

July 26, 2025

Browse by Category

  • Canadian news feed
  • Golf news
  • Hockey news
  • Music & Piano
  • Running & fitness
  • Skateboarding

Related News

Search for missing boy in southern Alberta enters 3rd day

Search for missing boy in southern Alberta enters 3rd day

September 23, 2025
Thousands gather for Pride parade in downtown Toronto

Thousands gather for Pride parade in downtown Toronto

June 29, 2025
Forget hour-long workouts — new study says this 5-minute routine improves your strength and mental health

Forget hour-long workouts — new study says this 5-minute routine improves your strength and mental health

July 26, 2025

Browse by Category

  • Canadian news feed
  • Golf news
  • Hockey news
  • Music & Piano
  • Running & fitness
  • Skateboarding
CANADIANA NEWS - AI Curated content
  • Home
  • Canadian news feed
  • Skateboarding
  • Golf
  • Hockey
  • Running & fitness
  • Music & Piano
  • WeMaple
No Result
View All Result
CONTRIBUTE
CANADIANA NEWS - AI Curated content
  • Home
  • Canadian news feed
  • Skateboarding
  • Golf
  • Hockey
  • Running & fitness
  • Music & Piano
  • WeMaple
No Result
View All Result
CANADIANA NEWS - AI Curated content
No Result
View All Result
Home Canadian news feed

Criticism of bail process often comes from ‘uninformed opinion,’ Winnipeg judge says

Sarah Taylor by Sarah Taylor
October 28, 2025
in Canadian news feed
0
Criticism of bail process often comes from ‘uninformed opinion,’ Winnipeg judge says
74
SHARES
1.2k
VIEWS
Share on FacebookShare on Twitter

A Manitoba judge is raising concerns that recent discussions around bail reform are whittling away at the presumption of innocence in Canada’s justice system — taking a rare step one legal expert said could help improve public understanding of the issue.

You might also like

As drought persists, some rural Nova Scotians turn to drilled wells

A year after defeat, former premier Higgs haunt debate over future of N.B. PC Party

Tesla’s Grok AI chatbot asks 12-year-old boy to send nude pics, says shocked mother

Provincial court Judge Dale Harvey said while that presumption has always been a fundamental principle of Canadian law, “there seems to be a significant movement these days, supported by some leaders, or so-called leaders, of our institutions, to restrict that presumption by calling for significant bail reform.”

“The whole hubbub about the existing state of the bail and its application is, in my view, insulting to any member of the sitting court of any level at present — and comes from, at best, misunderstanding of the applicable laws or, at best, an ignorance of them,” Harvey said during a recent bail hearing in Winnipeg, where he denied release for a man accused of trafficking drugs while in custody.

Harvey’s comments come as the federal Liberal government has proposed changes to the justice system intended to keep some accused people locked up for longer as Ottawa tries to drive down crime rates.

Those changes are designed to make bail more difficult to get, in particular for repeat and violent offenders. They include the creation of so-called “reverse onus” for some offences, which means detention is the default option and it’s up to a bail seeker to demonstrate why they shouldn’t stay behind bars while they await trial.

If passed by Parliament, those new reverse onuses will apply to people charged with violent or organized crime-related car theft, breaking and entering, trafficking in persons or human smuggling, extortion involving violence, assault, and sexual assault that involves choking, strangulation or suffocation.

Judge Harvey’s recent comments also included some remarks related to the tertiary ground for detention, which relates to denying bail in order to maintain public confidence in the administration of justice.

“That refers to a reasonable member of the public,” Harvey said. “Not one prone to quick decisions based on skeletal information, who is prone to write letters to the editor saying the justice system sucks, not realizing that they themselves are part of the justice system.”

That hearing wasn’t the first time Harvey made comments about bail reform from the bench. 

In another hearing last month, he noted that while the Criminal Code was previously amended to include the principle of restraint, potentially allowing more people a chance at bail, “there’s now obviously a growing concern that too many people are being released from custody pretrial, a reverse of the former situation.”

In yet another bail hearing last month, Harvey reminded the court that “judges are not fortune tellers.”

“We don’t know what someone is going to do in the future. And there have been many tragedies. But not everyone can be denied bail — otherwise we abandon the presumption of innocence, we abandon certain of the Charter rights which everyone enjoys,” he said.

“And for those who criticize the justice system as being flawed or inadequate … hopefully they do that in an informed way — and yet often we see those who know little of the law, who are focused on outcomes only, and yet are more than willing to offer their uninformed opinion.”

One legal expert said while uncommon, he sees no issue with a judge making comments like Harvey’s — in fact, those kinds of comments can help better inform public debate on the issue of bail reform, said Brandon Trask, an associate professor in the University of Manitoba’s law faculty.

“Just because it was bold doesn’t mean it was problematic,” Trask said, adding he thinks some politicians have “distorted” the debate around the issue of bail.

“Judges are a bit constrained in what they’re able to say outside of a courtroom,” he said.

“Seeing a judge take the opportunity … to inform the public about what the system calls for now is actually, you know, helpful — and I would argue somewhat refreshing to see in the context of a case like this.”

Read Entire Article
Tags: Canada NewsCBC.ca
Share30Tweet19
Sarah Taylor

Sarah Taylor

Recommended For You

As drought persists, some rural Nova Scotians turn to drilled wells

by Sarah Taylor
October 29, 2025
0
As drought persists, some rural Nova Scotians turn to drilled wells

When the dug well on their property ran dry for the first time in its 200 years, Nancy Grove and Peter Gale had to weigh two options: wait...

Read more

A year after defeat, former premier Higgs haunt debate over future of N.B. PC Party

by Sarah Taylor
October 29, 2025
0
A year after defeat, former premier Higgs haunt debate over future of N.B. PC Party

He haunts them stillIn New Brunswick politics, most defeated premiers exit quietly, staying out of debates within their parties about what future direction to take or who should...

Read more

What we know about the Alzheimer’s drug Health Canada approved

by Sarah Taylor
October 29, 2025
0
What we know about the Alzheimer’s drug Health Canada approved

Health Canada has conditionally approved the drug lecanemab to slow early-stage Alzheimer's disease, raising questions about its effectiveness and availability in Canada Lecanemab is a lab-made

Read more

Tesla’s Grok AI chatbot asks 12-year-old boy to send nude pics, says shocked mother

by Sarah Taylor
October 29, 2025
0
Tesla’s Grok AI chatbot asks 12-year-old boy to send nude pics, says shocked mother

A Toronto mom says things took an unpredictable turn when her 12-year-old son asked Tesla’s AI chatbot Grok which professional soccer player it prefers: Cristiano Ronaldo or Lionel...

Read more

Why some farmers are turning old grain bins into guest houses

by Sarah Taylor
October 29, 2025
0
Why some farmers are turning old grain bins into guest houses

Some Alberta ranchers hope that branching into tourism will help shore up their family farms to last another generation — though the accommodations might seem a little quirkyWhen...

Read more
Next Post
CRA looking at AI, training to help call centre staff provide accurate answers

CRA looking at AI, training to help call centre staff provide accurate answers

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Related News

Search for missing boy in southern Alberta enters 3rd day

Search for missing boy in southern Alberta enters 3rd day

September 23, 2025
Thousands gather for Pride parade in downtown Toronto

Thousands gather for Pride parade in downtown Toronto

June 29, 2025
Forget hour-long workouts — new study says this 5-minute routine improves your strength and mental health

Forget hour-long workouts — new study says this 5-minute routine improves your strength and mental health

July 26, 2025

Browse by Category

  • Canadian news feed
  • Golf news
  • Hockey news
  • Music & Piano
  • Running & fitness
  • Skateboarding
CANADIANA NEWS – AI Curated content

CANADIANA.NEWS will be firmly committed to the public interest and democratic values.

CATEGORIES

  • Canadian news feed
  • Golf news
  • Hockey news
  • Music & Piano
  • Running & fitness
  • Skateboarding

BROWSE BY TAG

Canada News CBC.ca Golf Hockey Lifehacker Ludwig-van.com Skateboarding tomsguide.com

© 2025 canadiana.news - all rights reserved. YYC TECH CONSULTING.

No Result
View All Result
  • Home
  • Canadian news feed
  • Skateboarding
  • Golf
  • Hockey
  • Running & fitness
  • Music & Piano
  • WeMaple

© 2025 canadiana.news - all rights reserved. YYC TECH CONSULTING.