Indigenous leaders have accused the Manitoba government of neglecting to consult them before announcing its plan to reform the bail system.

Grand Chief Cathy Merrick said First Nations leaders should have been included in the planning stage owing to the over-representation of Indigenous people in the correctional system.

“It was a surprise,” Merrick said Tuesday, noting the Assembly of Manitoba Chiefs represents 62 First Nations. “It was a disappointment to say the least.

“I am profoundly disappointed by the lack of inclusion of AMC-member First Nations, or the AMC itself, in the development of this plan.”

Merrick said Indigenous people will bear the brunt of changes to the bail system.

“Any changes to the provincial bail system will undeniably have disproportionate impacts on First Nations compared to other demographics across the province,” she said.

More than three decades ago, the Aboriginal Justice Inquiry found that while Indigenous people accounted for just under 12 per cent of Manitoba’s population, they represented more than half of the inmates in provincial correctional facilities. Since then, the number has increased.

A provincial spokesperson said currently about 78 per cent of the adult population in provincial jails identify as Indigenous.

Premier Wab Kinew said last week the province aims to “get tough on crime and the root causes of crime.”

The government has directed Crown attorneys to take a tougher approach to bail, have prosecutors consider the impact on community safety during bail hearings, and have more police officers track people who are out on bail.

Critics said the directives are already part of the Criminal Code, but Kinew said it would become provincial policy instead of just leaving the matter at the discretion of individual Crown attorneys.

In response, the assembly issued a news release Tuesday morning that said the government had failed to consult it. Hours later, Merrick said no one from the provincial government had contacted her.

She said failure to consult with First Nation leaders violates provisions of the United Nations Declaration on the Rights of Indigenous Peoples.

“It was a surprise, especially now at this point of time when we talk about reconciliation in this province,” Merrick said.

“To me, reconciliation is to involve First Nations leadership and this has not happened … hopefully, moving forward, I won’t be disappointed.”

Justice Minister Matt Wiebe wouldn’t say whether First Nations leaders had been asked to weigh in, but said last week’s announcement was only the beginning of consultations on changes to bail policies.

“Our plan last week really focused on immediate steps within the City of Winnipeg with regards to partnerships with the Winnipeg Police Service,” Wiebe said.

“It also spoke to bail policies which will impact communities across the province … what we’re hoping is, as we roll this plan out further, that it will continue to incorporate communities throughout the province and, of course, our Indigenous partners.

“So consultation is ongoing, and we’ve certainly had meetings, but we’re going to continue to consult in more substantive ways and look for opportunities to do that at every chance.”

Retired senator Murray Sinclair, who co-chaired the Aboriginal Justice Inquiry when he was an associate chief provincial court judge, said the inquiry concluded incarcerating more people, and making it tougher to get bail, isn’t the way to go.

“Simply denying people bail and having them locked up will just keep more people in custody,” Sinclair said. “It appeases the public. They think being tough on crime is the reality, but it will not reduce crime.

“I would have advised, if I had been asked, the solution is to make sure there are more and better resources in place to help people who would be inclined to commit offences.”

Sinclair said that includes programs to address homelessness and hunger.

He said the AJI report, which was released in 1992, found only one in five Indigenous persons was able to get bail compared to more than half of non-Indigenous defendants.

“I expect the people getting released will still be higher for non-Aboriginal people,” he said. “It will result in early release for them, but not others.

“It is easier to lock them up than to spend the money in advance on programs.”

— with files from Danielle Da Silva

kevin.rollason@freepress.mb.ca

Kevin Rollason
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Kevin Rollason is one of the more versatile reporters at the Winnipeg Free Press.

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