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| John L. Hill |
The Vancouver Police Department publicly released data showing that a small group of “prolific offenders” were responsible for hundreds of arrests and charges each year, often for violent or disorderly behaviour linked to addiction and homelessness. This led to the label “catch and release justice,” suggesting that the courts and Crown prosecutors were failing to keep dangerous individuals off the streets.
In 2022, the B.C. government commissioned a high-profile report, The LePard–Butler Review, which examined the causes of repeat offending. It found that a relatively small number of individuals (about 200–300 across the province) were responsible for much of the visible disorder. The report also identified several factors contributing to the issue, such as fragmented mental health care and addiction services; lack of supported housing; and gaps in community supervision and treatment, rather than simply blaming “soft judges.”
Despite this, police and opposition politicians argued that bail reform and court delays undermined accountability. The B.C. and federal governments responded. That province created “Repeat Violent Offender Response Teams” in 2023. These were joint police, probation, and Crown units designed to track and manage chronic offenders. The federal government introduced Bill C-48 (2023), which amended section 515 of the Criminal Code to make bail harder to obtain for certain repeat violent offences involving weapons.
The catch-and-release slogan spread across the country and gained popularity as an easy answer to why people feel less safe. It became popular among those who believed the only way to create safer communities was to “get tough on crime.” In Ontario, the Cobourg Police Service was critical of bail being granted to repeat offenders, even though during the COVID-19 period, government directives to justices of the peace encouraged releases to prevent overcrowding in jails and reduce infections. The chair of the Cobourg Police Service Board even called for a JP’s dismissal. The “catch and release” slogan became politically popular.
A local blogger has observed that Cobourg Police have begun to "note" arrests and interactions with some criminals, spelling out previous criminal activity. The press releases suggest that, regardless of the number of charges, individuals are often "released on an undertaking with a court date," implying that these offenders are likely to reoffend. However, criminologists point out that most people released on bail do not reoffend before their trial. The cases that attract headlines are statistical exceptions but have a significant political impact.
There is also a tendency to blame the federal government for being soft on crime. In Canada, this issue has become politically charged. Police and premiers (especially in B.C., Alberta, and Saskatchewan) have called for stricter bail laws for repeat violent offenders.
The federal government (Justice Canada) has introduced Bill C-48, which tightens bail rules for certain firearms and repeated violent offences. Critics say these changes risk penalizing people for poverty and unfairly impact bail fairness, while supporters argue they bring back accountability and deter crime.
Perhaps the clearest sign that the political controversy has spiralled out of control is when calls to defy the law and resort to vigilante justice emerge. Sadly, a Global News report indicates that the Premier of Ontario has made that bold move.
The news report states that Premier Doug Ford reacted with anger when he saw a suspected shoplifter fleeing from a Home Depot en route to his cottage in Muskoka. When Ford caught the alleged thief, he is quoted as saying, “I went on to tell him if I ever see him in the parking lot, he’s going to get a beating like he’s never got before.” The premier added, “That’s what you have to do.”
It is too simplistic to blame any single level of government for the lack of community safety. The province constructs the jails and remand centres, which are often overcrowded. It is also the province that appoints provincial judges and JPs who grant bail. The latest revisions to the Criminal Code regarding bail release were approved with support from all parties.
The problem with catch-and-release as a political slogan is that it can lead to endorsing vigilantism. It seems the Ontario Premier has already made that leap.
John L. Hill practised and taught prison law until his retirement. He holds a JD from Queen’s and an LLM in constitutional law from Osgoode Hall. His most recent book, Acts of Darkness (Durvile & UpRoute Books), was released July 1. Hill is also the author of Pine Box Parole: Terry Fitzsimmons and the Quest to End Solitary Confinement (Durvile & UpRoute Books) and The Rest of the (True Crime) Story (AOS Publishing). Contact him at johnlornehill@hotmail.com.
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