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The fact is that people will agree to just about anything to regain their freedom and go back home to their families and daily routines. I have seen alcoholics and drug addicts accept a condition of abstinence. If only it were that easy. I have seen homeless people promise $1,000 to the court. If they breach that condition, they are basically agreeing to pay that money. It should come as no surprise that they simply don’t have it. I have also seen men cry because, in order to be freed, they agreed not to see their children, on account of allegations made by the mother, of which the children played no part.

Ottawa’s main bailout court, and many others throughout the country, have devolved into dysfunctional and punitive bodies.

As a result of my interpretation of bail law, I have, in recent years, had a prosecutor turn his back to the court and tell all the defence lawyers that all deals were off the table as long as I was presiding. More recently, I had a prosecutor scream at me and basically throw a temper tantrum after I questioned certain conditions. I have also had a prosecutor ask that I recuse myself from all bail hearings, given my interpretation of bail law.

Between forced, rushed video appearances, a lack of respect for the JP bench and the absence of the rule of law in this court, I can no longer call it a court of law. It is a disgrace. I am there to administer justice. It is not my job as a JP to sign off on release documents that are unlawful.

As judicial officers, we are supposed to know the law and apply it according to our legal interpretation. We expect and accept that if one or both parties disagree with the court’s decision, they have the right to appeal. It thus comes as a shock when prosecutors attempt to wrestle jurisdiction from the court, through a variety of unacceptable tactics, rather than exercise their right of appeal.

Bail is not an opportunity or an invitation to fix people and to address all their issues with a myriad of conditions. The Charter of Rights and Freedoms and the Criminal Code of Canada lay out the legal rights and responsibilities when someone is charged with an offence. Unfortunately, Ottawa’s main bailout court, and others, have devolved into dysfunctional and punitive bodies, devoid of the rule of law.

National Post