Pubdate: Tue, 03 Jan 2006 Source: Toronto Star (CN ON) Copyright: 2006 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 Author: Harold Levy, staff writer Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) LAWYERS DOUBT TOUGHER BAIL RULES `Reverse-Onus' Plan A Short-Term Solution: Expert New Criminals Will `Step Into Shoes' Of Those Jailed Prime Minister Paul Martin's proposal to keep individuals charged with gun offences locked up under so-called "reverse onus" bail rules has sparked a sharp debate among lawyers and civil libertarians. Martin's promise -- made during weekend phone calls to Premier Dalton McGuinty and Mayor David Miller -- would see those charged with gun offences imprisoned without bail unless they show why they should be released. Instead of the Crown arguing the suspect should be kept in jail, reverse onus asks the suspect to prove to a judge that bail is warranted. "We're very much in favour of the reverse onus in terms of gun crimes," Martin said, noting the approach was effectively used to combat Quebec's notorious biker gangs "and has withstood the test of time." But the proposal is at best "a short-term solution," said Alan Young, a criminal law professor and passionate defender of civil rights who teaches at York University's Osgoode Hall Law School. "Something has to be done in the short term, because we have created a panic in our community," Young said. The lawyer added that reverse onus bail, strict supervision of accused gun criminals out on bail and tougher gun sentences are all "short-term solutions that can serve to remove potentially dangerous people from the streets." But other criminals will simply replace those in jail unless more effective long-term solutions are brought into play, Young stressed. "Without the long-term vision there will be other dangerous people to step into the shoes of the people who are detained." Canadian courts already use reverse onus bail rules for certain offences, such as drug trafficking, which has been upheld by the Supreme Court of Canada. "It strikes me if you can have a reverse onus for selling drugs surely you can have a reverse onus for a dangerous weapon offence," Young said. But a more effective solution, Young said, would include education and school programs that give troubled youngsters between the ages of 10 and 13 alternatives to gang behaviour. Young wasn't the only lawyer with doubts. Criminal lawyer Clayton Ruby said "reverse onuses don't generally make a lot of difference" because judges tend to take into account the circumstances of the alleged offence and the accused. "It sounds good, which makes for good politics, but it doesn't make much difference," Ruby said. Senior city, provincial and federal officials are to meet in Toronto tomorrow to discuss the new approach. Also on the agenda will be involving the RCMP and OPP in gun control issues, and ensuring the effective delivery of social programs. Reverse onus is also used in cases involving terrorism, membership in criminal organizations and offences allegedly committed while a person is already out on bail. But some experts question whether bail is the right target. Toronto criminal lawyer Frank Addario said yesterday that the federal proposal isn't realistic because "there is no evidence that reasonable access to bail is the problem. "The problem," Addario said, "is access to guns. "If the Prime Minister really wanted to do something he could do things like pour money into border security, create a cash amnesty for turning in handguns, and do something to alleviate the hopelessness in the communities where gun violence has been the biggest problem." Addario also challenged what he called "the myth, fuelled by some recent media commentary, that judges don't take gun crime seriously enough. "It's not true," he said. Addario did, however, play down a suggestion that reverse onus hearings on gun charges could clog up the courts, saying, "there are already so many, a few more won't make a difference." Criminal lawyer Steven Skurka also had some advice for Martin yesterday as the public controversy over the proposed measure intensified. "Don't rush," Skurka said. "No doubt there is a heartfelt crisis in the community with respect to guns but it is important to proceed with caution. "This measure could have significant impact," Skurka added. "It could lead to more people being detained in custody before their trial is heard and the issue of their guilt or innocence is decided." - --- MAP posted-by: Larry Seguin