Ontario's beleaguered court system in campaign spotlight as Ford racks up police union endorsements
Court backlogs and push for bail reform under the microscope on campaign trail
Public safety made its way into the Ontario election campaign spotlight this week, with several of the province's largest police unions taking the rare step of publicly endorsing PC Leader Doug Ford.
The endorsements came after the major party leaders repeatedly sparred over the issues of bail, the beleaguered court system and support for law enforcement during Monday night's debate.
Ford accused his political rivals of supporting "catch-and -release" bail policies too lenient on repeat offenders, while the opposition leaders blamed him for allowing the province's courts to fall into disarray.
"Look, we need to fix our court system. Right now it is so backlogged that dangerous people are falling through the cracks, and many others who deserve their day in court aren't getting it," NDP Leader Marit Stiles said.
Ontario's courts have come under immense pressure in recent years, just as a surge in crimes like vehicle thefts, violent carjackings and home invasions have thrust public safety to the fore of political discourse.
The ongoing strain on courts has come with major consequences for legal outcomes. Most criminal charges are now withdrawn, stayed or dismissed before a decision at trial, CBC News reported last November.
That's largely because a mix of factors has led to severe delays. Digital evidence has made cases increasingly complex to investigate and prosecute, while a landmark Supreme Court decision requires criminal matters be heard within specific timeframes or risk being thrown out.
A dearth of courtrooms and human resources means some criminal trials can't proceed in time, according to Donna Kellway, president of the Ontario Crown Attorneys' Association.
"If you have spent the time with your witnesses, with your complainants — your victims — and you have spent that time preparing for trial and ultimately it's not reached, then that is obviously very disheartening," she said.
"It takes a great emotional toll. We're then left explaining, or trying to explain, to victims and their families why their matters aren't being reached."
Last summer, the PCs announced $29 million to appoint up to 25 new judges and hire 190 Crown attorneys and court support staff. That followed $72 million in 2021 that was, at the time, supposed to clear the existing case backlog.
"It's a good first step, but it's not enough. More resources are needed," Kellway said, stressing the need for additional investments across the justice system.
How the other major parties would tackle the backlog
The other major parties have pitched their own plans for easing the burden on the courts.
Liberal Leader Bonnie Crombie says she would "create specialized bail courts for violent criminals and repeat offenders" and commit to filling vacancies in the provincial judiciary.
Stiles has promised to invest more into the justice system as a whole, boost pay for court support staff and increase the number of hours existing courts stay open each day.
Meanwhile, the Ontario Green platform says the party would "reform the current bail system" to ensure fair and fast access to justice. The Greens have not said how they would change bail laws, which fall under federal jurisdiction.
Ford has also consistently pushed for bail reform, and his last government introduced a host of measures aimed at cracking down bail compliance. He's also called for mandatory minimums and harsher sentencing guidelines, even musing last month about reviving the death penalty during a speech to a police chief's gala.
A spokesperson for the PC campaign later said Ford made "a poor-taste joke out of frustration" and "does not support capital punishment."
Ford keeps pushing bail reform
On Thursday, he railed against "liberal justices of the peace and judges letting people out not once, not twice — not three, four, or five times — but eight times" only for offenders to commit the same alleged crimes again.
That message has garnered support from police chiefs and police unions.
Though Ford's government began the process of adding hundreds more beds to Ontario jails, the province's own statistics show that roughly 80 per cent of inmates in the facilities are awaiting trial and presumed innocent.
"There are huge problems in the jails because of under-spending on staff in the remand facilities," said Christian Pearce, a Toronto-based criminal defence lawyer.
Pearce also pushed back on the suggestion that weak bail laws or politically motivated judges and justices of the peace were contributing to crime rates in the province.
"It is nonsense. On a day-to-day basis, I can absolutely say that most people who get detained are appropriately detained and most people who are released — the vast, vast majority of people who are released — are appropriately released," he says.
More critical than bail reform is ensuring Crown prosecutors can properly prepare for bail hearings, Kellway says.
"Then, if they disagree with a bail decision that's been made, that they have the time and resources to be able to pursue bail reviews," she says. "To me that's a more important aspect than any type of overall reform or overhaul of the bail system itself — making sure the system we have works the way it's supposed to work."
Ford picks up police union endorsements
The day after the leaders' debate, the Police Association of Ontario (PAO), the Ontario Provincial Police Association (OPPA) and the Toronto Police Association (TPA) publicly endorsed Ford. The unions collectively represent some 40,000 members provincewide.
While not entirely unheard of, it is unusual for police unions in Ontario to formally endorse a political candidate or party, or at least it has been historically. The endorsements drew mixed reactions on social media, with some noting the Ford government's Greenbelt scandal is under active criminal investigation by the RCMP.
In a statement, PAO president Mark Baxter said the PCs have made "investments in community safety, getting more boots on the ground and mental health services for first responders."
TPA president Clayton Campbell said it's been more than a decade since the union weighed in during a campaign but that "given the challenges we are facing in Toronto — the time was right to take our advocacy to the next level."
Ford has been a vocal proponent of the province's police services throughout his years in office. In fact, few issues seem to animate him more than policing. Ford rarely passes on a chance to riff on his unshakable support for law enforcement, even if he's asked to comment on questionable actions by individual police officers.
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