Lawyers React to Proposed Provincial Bail Reforms

Statement

For immediate release: November 25, 2025

Peter A. Howie, a partner with Judson Howie LLP, made the following statement in response to the Government of Ontario's proposed bail reform (which were announced on November 24, 2025):

"Fort Frances and the Rainy River District are reeling from the impact of the opioid crisis, which disproportionately affects the First Nations people in the region. Generally, people feel less safe than they did before the pandemic. It is understandable that people want to see repeat offenders who are charged with serious crimes remain behind bars.

"But our system is designed to protect the innocent. The decision to grant bail requires a balancing act between public safety and confidence in the administration of justice, with the constitutional right to be presumed innocent until proven guilty.

"The majority of people who come before the court in Fort Frances and are released on bail ultimately have their charges withdrawn, are acquitted at trial, or receive non-custodial sentences.

"Ontario’s plan to require people released on bail to pay a cash deposit is confusing and without seeing the text of the legislation (which has not yet been released), it is difficult to understand how they will do this legally and constitutionally.

"The power or jurisdiction of the state to arrest people on criminal charges, hold them in custody for bail and then release them on bail conditions or detain them prior to trial comes from the Criminal Code of Canada – a law passed by the Parliament of Canada. Parliament’s authority to pass this law comes from the constitution. The constitution does not give this power to a provincial legislature.

"With respect to the proposed bail prosecution teams, our community has best been served when the Crown’s office is staffed with prosecutors who reside here and put roots in the community – prosecutors who are familiar with our communities and region, and who can actually see the impact of their decisions and the effort (or lack thereof) they put into their roles. Bail teams phoning into court from Toronto are not the answer."

Judson Howie LLP is the largest law firm in the Rainy River District. We primarily represent clients in criminal defence, family, child protection, and civil litigation matters in the courts of Northwestern Ontario.

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For further information, please contact:

Peter A. Howie

peter@judsonhowie.ca