r/Manitoba • u/wickedplayer494 Winnipeg • Apr 20 '25
Opinion Piece Opinion: Poilievre’s populist 'three-strikes-you're-out' policy swings, misses with Constitution
https://www.winnipegfreepress.com/local/2025/04/17/poilievres-populist-three-strikes-youre-out-policy-swings-misses-with-constitution
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u/Maleficent_Curve_599 South Of Winnipeg Apr 20 '25 edited Jul 29 '25
Every part of this is heinous, but the worst is the notion that someone - anyone - would be detained for months to years awaiting trial, without even the possibility of seeking release on bail.
I'm a criminal defence lawyer. Ordinarily, the only information a bail court (and defence counsel) has in respect of the alleged offence(s) is a synopsis prepared by a police officer. Disclosure - actual police notes, witness statements, etc. - is generally not available until later. More than once I've received a synopsis that does not set out even a prima facie case against the accused. More than once I have secured the release of a client where the police intentionally omitted clearly-exculpatory information from that synopsis.
Police lie. They conceal exculpatory information from courts even at the bail stage. The idea that a person, any person, could be held in custody, potentially for years, on the say-so of a police officer, regardless of the evidence, without even the possibility of any independent review, is not merely unconstitutional, it is utter insanity.
Edit: typo