Windsor sees increase in alleged assaults by people out on bail, peace bonds

There's an increase in the number of reported assaults in Windsor, Ont., that were allegedly committed by people out on bail or peace bond over a recent five-year period, according to new Statistics Canada data compiled for CBC News.

In 2021, the newest available data, 68assaults involving a weapon or causing bodily harm were reported in Windsor, involving someone released on bail. Thatcomparesto just 13of the same incidents in 2017.

StatisticsCanada data also shows 53incidents of assault causing little to no physical harmin 2021 by someone also facing a failure to comply order by the courts compared to 29in 2017.

In March, Danardo Jones, a University of Windsor assistantprofessor in the faculty of law, testified before a federal committee examining Canada's bail system. When looking at this data, Jones said, it would be interesting to see court outcomes for those charged.

This data does not capture whether the individualswere convicted of the original offence or the charge laid against them while out on bail.

"I think that would help us to perhaps either substantiate our fear or perhaps alleviate some of the fear folks may have about recidivism or risk to public safety by folks who are out on bail," said Jones.

Bail is a balancing act, prof says

When a court decides whether an accused individual is granted bail, Jones describes that as weighing two very important considerations.

"It's trying to balance constitutional rights with the very real concern of public safety," said Jones. "The bail system is an attempt of trying to somehow strikea balance, an appropriate balance between these two objectives. It's difficult."

When looking at overall violent offences committed by someone released on bail, that's increased to 185in 2021, from 72in 2017.

There have also been slight increases in the number of incidents ofuttering threats, criminal harassment and robbery by someone out on bail between 2017 and 2021.

What this data doesn't show is whether the number of people out on bail has increased or decreased during that time, and whether overall violent crime is up or down.

"In my view, it's a really incomplete set of data and would be extraordinarily dangerous to make anything out of it," said Bobby Russon, a criminal defence lawyer in Windsor.

"We don't know if this is just simply a reflection of whether violent crime is up. I don't know if that's true or not. But if it is, it would be dangerous to glean that violent crime while out on bail is independently up."

Small increase in violent crime across Ont. among people out on bail

In Ontario, there's also been an uptickin overall violent crime among people released on bail.That captures a total of 4,784incidents where a failure to comply order accompanies a violent offence in 2021 compared to 3,721in 2017.

Last week, Ontario announced it will spend$112 million on bail compliance programs. That means there will be teams of officers dedicated to focusing on those who aren't following their bail conditions.

The provincial government is also offering $24 million in grants for police services to create or enhance their own bail enforcement units.

Here we're dealing with an issue at the bail stage, an issue that may lead to this person be off-ramped or being put on a conveyer belt, in a continuous loop.- Danardo Jones, assistant law prof at the University of Windsor

The Windsor Police Servicehas not responded to multiple attempts from CBC News seeking an interview.

Police chiefs and premiers across Canada have recently called for bail reform that would restrict bail access for more prisoners. Some want Ottawa to institute a "reverse onus" that would require a person seeking bail to prove why they should not stay behind bars.

Essex PC MPP Anthony Leardi said the data CBC News has uncovered is concerning. He points to the government's upcoming legislation Strengthening Safety and Modernizing Justice Act. That's expected to come into effect later this year or early in 2024.

It will replace the current Police Services Act, a changeLeardi said will make communities safer.

"It's concerning because these are assaults that cause harm to individuals. They're not just minor incidents where somebody has not shown up on time or has missed an appointment ... and we want to prevent that from happening."

Essentially, he said, this new legislation will provide more resourcesto law enforcement "to reduce crime by going after repeat offenders."

Since the federal government regulates bail under the Criminal Code, Leardisaid, Premier Doug Fordcontinues to advocate for the strengthening of the bail system.

Ultimately, those out on bail need the social supports so they're less likely to reoffend, Jones said. If people get the supports they need "it's going to lower their risk level, at least for bail purposes," he added.

"Here we're dealing with an issue at the bail stage, an issue that may lead to this person be off-ramped or being put on a conveyer belt, in a continuous loop," said Jones.

Note on Statistics Canada data:

The data provided by Statistics Canada shows the number of police-reported incidents involving at least one violent offence and a failure to comply with an order, where a single accused person was identified. Failure to comply with an order is a violation category Statistics Canada uses to cover the following Criminal Code sections:

• 145(3) Escape and being at large without excuse: Failure to comply with appearance notice or summons.
• 145(4) Escape and being at large without excuse: Failure to comply with undertaking.
• 145(5) Escape and being at large without excuse: Failure to comply with order.
• 810(3.01) Sureties to Keep the Peace: Refusal to enter into recognizance.
• 810.01(4) Fear of certain offences: Refusal to enter into recognizance.
• 810.011(5) Fear of terrorism offence: Refusal to enter into recognizance.
• 810.02(5) Fear of forced marriage or marriage under age of 16 years: Refusal to enter into recognizance.
• 810.1(3.1) Where fear of sexual offence: Refusal to enter into recognizance.
• 810.2(4) Where fear of serious personal injury: Refusal to enter into recognizance.
• 810.4(1) Sureties to Keep the Peace: Prohibition on use of bodily substance.
• 810.4(2) Sureties to Keep the Peace: Prohibition on use or disclosure of result.
• 811 Breach of recognizance sections re: 83.3, 810 to 810.2.