A provincial court judge in Newfoundland and Labrador is speaking up on what he views as dissonance between the bail reform movement and reality.
Judge Andrew Wadden dedicated a significant portion of a bail decision in Harbour Grace on Tuesday to addressing the movement, saying it doesn’t fit with what courts are seeing across Canada.
He said more people are in pre-trial custody than ever before, and that opinions are likely shaped by media coverage of releases gone wrong.
“It is those such events that inspire what I view to be inflammatory rhetoric such as ‘jail not bail,’ or ‘catch and release,'” Wadden said.
“The percentage of people in Canada in pre-trial detention continues to go up, yet the demand for bail reform continues to grow louder. These two things are obviously at odds.”
The bail reform movement has grown in the past year, with Liberals and Conservatives pushing for changes to keep repeat offenders behind bars. Bill C-14, the federal government’s bail reform legislation, passed a third reading in February.
Wadden’s comments came during his bail decision on Justin King — a 34-year-old man accused in a string of property crimes in the Conception Bay North area.
King is facing 17 charges including four break and enters since December. He has not yet entered a plea.
The RCMP in the region have dubbed him a “prolific offender,” and his court appearances have been packed with local residents hoping to see him stay behind bars.
During the bail hearing, King told the court he suffers from mental health and addictions issues. His father and sister offered to act as sureties, with his sister saying it was the last time she’d step up for him.
“I’m giving him a chance, and one chance only,” she told the court.
Crown prosecutor Chris Burt was strongly opposed to King’s release, saying the bail plan didn’t go far enough and that King had shown a disregard for court orders in the past.
“They say the only thing that stops Mr. King from offending is being arrested,” Wadden said of the Crown’s submissions.
Wadden had to weigh three questions before reaching his decision — is King a risk to flee, is he a substantial risk to the community, and would his release affect the public’s trust in the justice system?
In the end, he ruled no to all three.
Bail decisions are usually blanketed by a publication ban, preventing the media from reporting on all evidence presented to the court and the reasons for the judge’s decision.
Wadden did not implement a ban in King’s case, allowing CBC News to report on his decision.
He quoted from two Supreme Court of Canada cases that state pre-trial detention can have a severe and detrimental impact on an accused’s ability to raise a defence, and that it should only be used in “extraordinary” cases.
“[Pre-trial detention] also comes at a significant cost in terms of loss of liberty and the impact on their mental and physical well-being, and on their families,” Wadden said.
He pointed to a report from the Canadian Civil Liberties Association in 2024, titled Still Failing: The Deepening Crisis of Bail and Pre-Trial Detention, which states 70 per cent of people detained in provincial and territorial jails are on remand and not convicted of any crime.
Wadden said there’s a direct link between time spent in jail and the likelihood of an accused person committing future offences.
He then addressed King directly, who was appearing by video conference from the West Coast Correctional Centre in Stephenville.
“If you return to custody, you will likely be in the position of having used your last chance,” Wadden told King. “Please don’t waste this chance.”
King is due back in court on April 15 for a status update.
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