Explaining the Liberals' bail mess
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Summary
Eight-year-old Javai Roy was asleep in bed with his mother in their apartment in North York when a gunman opened fire outside of their building, striking them as they slept in their own bed. He was killed, but the culprits are still out there, not identified, not arrested, not held responsible.
Transcript
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this is a special episode of the crime report with Ron Chinzer to support us visit junonews.com
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forward slash Ron and subscribe to keep bringing stories to the forefront that Canada can't ignore
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and I want to start by telling you about a tragedy so senseless so devastating that it
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should shake this country to its core an eight-year-old boy Javai Roy was asleep in bed with
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his mother in their apartment in North York it was just after midnight the kind of night where a kid
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should be dreaming about the next day safe beside the person who loves him the most his mother but
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instead of peace there was chaos gunfire erupted outside of their building not a single shot but
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a barrage witnesses said it sounded like a war zone a dozen bullets at least sprang across the facade
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of the building shattering glass punching through drywall and ripping into people's homes
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now I've responded to shootings before as a police officer I stood on crime scenes where rival gangs
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went after each other leaving bullet holes in houses apartments even cars parked outside I've
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seen parents pulling their kids back from windows terrified I've watched the aftermath of bullets
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flying into bedrooms where people should have been safe but never not once have I seen a case where a
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child lying in bed with his mom woke up to the sound of gunfire look to her in fear and then in that
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exact moment was struck by an additional round that ultimately killed him think about that a little boy
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in his pajamas in his own bed next to his mother and in the blink of an eye he's gone that's not just
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tragic that's something that should haunt every single person in this country and yet here we are the
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culprits are still out there not identified not arrested not held responsible now imagine being
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that mother imagine lying beside your son hearing the first shots grabbing him close only to feel him
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ripped away by another round of gunfire imagine the blood the glass the chaos imagine knowing that his
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last look was at you for comfort for safety and you couldn't save him because the violence came right
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into your home this isn't just a Toronto problem it isn't just an urban crime statistic this is a
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Canadian problem because if an eight-year-old child can be murdered in his own bed that every parent in
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this country has a reason to worry and what makes it worse is that this isn't coming out of nowhere
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for years Canadians have been demanding tougher stances on violent crime for years experts police
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officers criminologists victims advocates people like myself have been warning about exactly this kind of
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escalation and for years our federal government has ignored those calls instead while our communities
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deal with bullets flying through windows Ottawa takes its summer break politicians jet around the
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world talking about global issues while the actual pressing threats here at home are left unchecked and
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the communities that bear the blood to this violence underserved underprivileged often marginalized
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communities are the ones politicians claim to care about the most ironically these are the
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same communities our liberal government panders to during photo opportunities but when the cameras
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are off they're left to bury their children alone this eight-year-old boy was Canadian his mother is
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Canadian their safety their future should have mattered more than political branding more than press
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releases more than some international talking point but it didn't and that's the reality we're living in
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and this is where the story reaches beyond Toronto because this isn't just about one child one city or
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one apartment building this is about the safety of every Canadian family think about it if a child
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isn't safe in his own bedroom where in Canada is safe this could have happened in Calgary it could
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have happened in Winnipeg it could have happened in Halifax or in a small town in Saskatchewan
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because what happened to Java wasn't a one-off freak occurrence it's part of a pattern we're seeing
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across this country violent crime involving firearms rising random victims paying the price and a federal
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government that continues to deflect delay or stay silent the randomness is what terrifies people
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the most Javi's murder tells every parent every grandparent every neighbor that you don't need to
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be involved in a crime to be its victim you don't need to be walking downtown late at night or going to a
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bad neighborhood or living on the wrong block you could be asleep in your bed your kids tucked in beside
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you and you could still end up burying your child let me paint the scene for you one more time a
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shattered window glass across the floor bullet holes and walls not just in Javi's unit but in others
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shell casings outside suggesting more than one firearm was used a mother covered in blood screaming for help
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as officers tried to save her son's life this wasn't just a random shooting it was a moment of terror that
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rippled through an entire community families in that building will never sleep the same again
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especially those with kids and the national data tells us this isn't an isolated case statistics
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Canada crime severity index shows violent crime has been rising since 2019 firearm offenses are up in
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Toronto carjackings exploded from 60 in 2021 to more than 300 in 2023 the criminal intelligence service
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of Canada reports that organized crime and gangs are taking full advantage of weak bail laws knowing
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they'll be back out on the streets quickly meanwhile public safety Canada confirmed in its 2023 firearms
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report that more than 80 percent of crime guns in Toronto come from the United States add to that a
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growing number of ghost guns built with 3d printers or smuggled parts these are not guns Ottawa is
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spending billions on to buy back from licensed hunters sport shooters and collectors these are weapons
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flooding our streets through smuggled routes from criminal networks and they're ending up in the
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hands of people willing to fire them into apartment buildings and yet federal leaders chose to stay
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silent on the murder of an eight-year-old boy now let's take a step back because strategies like
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Javes don't just happen in a vacuum they happen because of choices choices made by governments by courts by
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lawmakers choices that have weakened our justice system to the point where violence repeats itself
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offenders cycle in and out and the communities are left vulnerable to understand why you need to know
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about bail bail is supposed to be about a balance on one hand we don't want to lock up people before
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they're proven guilty on the other hand we need to protect the public from people who are dangerous
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but over the last decade the balance in Canada has tipped too far so far that it now favors offenders
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over victims and rights on paper over safety on the ground now some people will say while shootings
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happen in every country this is just crime but in Canada we've made choices that make this problem
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worse because at that very same time we've been seeing a rise in violence our justice system
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has been moving in the opposite direction making it easier for violent offenders to get out on bail
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to re-offend and to terrorize communities again and again that's not an opinion that's a fact
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backed up by case after case police report after police report and the lived reality of victims and
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families across this country and to understand how we got here we need to look at the decisions made
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over the past decade court rulings political legislation and government policies that have transformed
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our bail system into a revolving door when Canadians think about justice we picture fairness
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balance and above all safety we expect that when someone violent is arrested when someone has proven
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time and time again that they are a risk to the community that the person will be walking free the
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very next morning we expect the law protects us first but in today's Canada that promise has been broken
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and it has been broken by a combination of court rulings political choices and legislation that put
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legal theory ahead of public safety to understand how we got here we need to go back almost a decade
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to a supreme court decision that completely reshaped the justice system in 2016 the case of rv jordan
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changed everything barrett jordan was accused of running a dial-a-dope operation in british columbia he was a
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drug dealer his case took over four years to make it to trial four years the court ruled that this was
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far too long that it violated his constitutional right to it tried to be tried in a reasonable time
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now justices laid down strict ceilings being 18 months for provincial court cases and 30 months for
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superior court cases being big ones if the clock ran out the charges could be stayed even in serious cases
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and overnight hundreds of prosecutions across the country were tossed murders sexual assaults
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trafficking cases gone not because of innocence but because of delay that was the first domino the
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second came the following year with r versus antic in 2017 this case re-examined how bail should work
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the accused michael antic was facing drug charges and was granted bail only under strict cash conditions
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that he couldn't meet the court said that this violated the latter principle and that principle
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means judges must start with the least restrictive form of release and only move to tougher conditions
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if absolutely necessary cash bail in particular was to be rare the court emphasized that the presumption
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of innocence is fundamental and conditions should be set to make life uh shouldn't shouldn't be set
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to make life difficult for the accused now the latter principle made sense in theory we don't want people
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languishing in jail simply because they're poor but when trudeau and the liberal government later wrote
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this principle directly into law with bill c-75 they built a system that treated nearly everyone as low
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risk regardless of the record or the danger they posed and in 2018 bill c-75 was introduced by the
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liberal government it was marketed as a fix to the jordan style delays and as a modernization of the bail
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system it hybridized dozens of offenses turning what were once indictable crimes into charges that could be
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treated as summary offenses it directed police to release accused people at the earliest opportunity
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with the least conditions as possible and it codified the latter principle and it treated breachable
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bail conditions even repeat breaches as administrative matters rather than substantive crimes
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on paper it was sold as fairness in practice it became a revolving door that we're living with today
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police across the country quickly saw the results someone arrested for carrying an illegal handgun
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could be out within hours a repeat violent offender could breach bail conditions again and again and
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again with almost no consequence the courts followed a parliament's direction and leaned heavily towards
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release and as a result communities from toronto to vancouver to smaller towns in saskatchewan
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and the maritimes began seeing the same pattern the same names the same faces cycling in and out of
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custody and re-offending while on release the consequences have been devastating let's take a look at one of the
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most shocking examples in december of 2022 opp constable gregor priscilla was gunned down during a traffic
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stop near hackersville ontario he had just passed his probationary period as a police officer man he was
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only 28 years old now the man charged with his murder had been arrested earlier that year on serious
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weapons charges he was granted bail cut off his ankle monitor and still despite these red flags was free when
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constable priscilla pulled him over that day the officer never made it home his death sent shock
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waves through the policing circles i remember i was working when this happened but it also stood as a
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proof of what happens when theory collides with the real world another case in 2023 in british columbia
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tori dunn she was killed in her own home by a man out on bail for previous violent stabbings the details
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were chilling she was targeted in a place where she should have been safest and her killer should have never
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been free her death was preventable but the system designed under bill c75 allowed it to happen and
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these are just the stories that make the news every day there are carjackings armed robberies home
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invasions assaults even murders happening on a regular basis committed by people on bail no province
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has been untouched the revolving door isn't just a talking point it's a real reality felt in big cities
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small towns reserve suburbs and rural communities and by 2023 the frustration reached the breaking
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point all 13 provincial premiers every single one conservative liberal ndp alike wrote a joint letter
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to ottawa demanding bail reform that level of agreement is almost unheard of in canadian politics
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police unions joined the call victims groups spoke out families of victims told their heartbreaking
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stories in committee hearings and yet for years the trudeau and liberal government had brushed these
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warnings aside it wasn't until after the deaths of officers like prachala and repeated public air
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cry that ottawa finally introduced bill c48 which created a reverse onus for certain repeat violent
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offenders that means the burden shifts they must prove why they should be released rather than the
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crowd having to prove why they shouldn't but this was a patch not a full repair judges still lean heavily
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on the culture of release entrenched in bill c75 police still see the same criminals walk the streets
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again and again victims still pay the price and at the same time while the government was loosening bail
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it was pouring hundreds of millions of dollars into a gun buyback program the idea was to compensate
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licensed owners for their rifles law-abiding hunters sport shooters and collectors in the name of public
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safety but the data tells us a very different story toronto police data shows that over 80 percent of
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crime guns come from the united states many others are ghost guns produced by 3d printers or assembled
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from smuggled parts organized crime groups and gangs are the ones bringing these weapons in
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not licensed canadians yet the government the liberal government chose to target the lawful while
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failing to shut the revolving door that allows the violence to re-offend with impunity the numbers are
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staggering according to statistics canada violent crime has risen since 2019 firearm offenses are up
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in toronto in toronto went from 60 in 2021 to over 300 by 2023 the criminal intelligence service of
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canada has documented how gangs now exploit bail leniency knowing their members will be back on
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the street quickly in some cities police chiefs have publicly said they feel like they're arresting the
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same people every week think about that frontline officers the police officers who risk their lives
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every day making arrests and prosecutions bringing charges and yet before the ink is dry those very
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same individuals those bad guys are back in the community this isn't just a flaw it's a betrayal
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of victims of communities of the very idea of justice when bill c75 was introduced it was defended
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in parliament by the liberals as a way to modernize justice to make the system more efficient and fair
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but the reality has been the opposite efficiency delays remain widespread with courts still overloaded
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fairness victims and their families don't feel the fairness when the person who harmed them is back in
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their neighborhood days later on bail safety ask the families of constable perjala or of tori dunn
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whether they feel safer today and this is where we need to be honest the experts warned about this
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experts like me police officers warned victims advocates warned premiers warned the people who live
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with the consequences of crime every day raise the alarm and yet ottawa pushed ahead the liberals pushed ahead
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ignoring those voices that's why we are where we are today because political theory was allowed to
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outweigh the lived reality no community in canada has been spared rural ontario where seniors are being
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targeted in home invasions prairie towns where meth fueled violence has become common vancouver's lower
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mainland where gangs openly recruit teenagers montreal where shootings linked to organized crime are on
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the rise even smaller towns in atlantic canada are seeing crimes they once thought only happen in big
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cities at the heart of so many of these tragedies is the same question why was this person out on bail
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why did the system allow this high-risk person to walk free and time and time again the answer comes
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back to bill c-75 and the liberal culture it created this isn't about denying rights it's about balance
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it's about saying that the presumption of innocence should not mean presuming safety when all the evidence
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says otherwise it's about respecting the rights of victims and the safety of the public just as much
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as the rights of the accused it's about ensuring that when police make an arrest the crown attorneys
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bring charges the community isn't put at risk by a revolving door canada we need meaningful bail reform
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not tinkering not patches not political spin real reform that restores public safety is the top priority
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because canadians deserve to know when someone violent is taking off of the street they stay
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off the street until the justice is served and until ottawa finds the will to do that we're going
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to continue to see headlines about officers being killed in the line of duty women murdered in their
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homes communities terrorized by repeat their offenders and those tragedies aren't inevitable they are the
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result of choices political choices that valued ideology over safety it's time to choose differently
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that's why bill reform is not just a legal debate it's truly a matter of life and death it's about
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whether we want the justice system that protects canadians or one that abandons us and if we've
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learned anything over the past few years it's that ignoring the front lines ignoring the experts ignoring
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the victims leads only one way to more crime more victims more heartbreak we can't afford that any
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longer this isn't theory this isn't abstract this is the reality of a country that has let violent crime
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grow while parliament turns its back on victims canada has red balled this child's murder at the policing
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level but it's time ottawa red balled public safety at the national level if we can't protect an eight
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year old boy in his own bed then we have absolutely unequivocally failed as a country so here's the call
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to the prime minister to the federal cabinet to the members of parliament of every party you need to act
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right now rewrite the laws close the loopholes stop the revolving door of bill crack down on
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gun smuggling and trafficking and start putting the safety of canadians the safety of our children
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ahead of your political theory because until you do the next java roy is only a matter of time
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this is the crime report with ron jinzer this special episode was on the murder of an eight-year-old child
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and on bail reform the failure of the root of so much of canada's violent crime crisis
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to support us at juno news you can subscribe at junonews.com forward slash ron and save 20
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off of your subscription i'm ron jinzer thank you for watching stay safe and stay informed