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Ontario's criminal justice system has been under criticism for its overall performance. Efforts have been made through recent reforms to address some concerns, to potentially improve public safety, fairness, and access to justice.
The Macdonald-Laurier Institute released a criminal justice report card. This document indicated that Ontario has the second lowest violent crime rate in Canada along with a higher non-violent crime clearance rate than other provinces. It also pointed out that Ontario has relatively low rates of accused persons being unlawfully at large and failing to comply with court orders.
Ontario also has the distinction of having the second-highest criminal legal aid expenditures among all provinces. This suggests that the sizable amount of money spent on legal aid for accused individuals is almost the highest in the country. Therefore, if you have a low income and are accused of an offence, it is more likely you will be eligible for legal aid.
Despite the high allocation of legal aid funding, there's a common feeling that the budget isn't adequate to properly assist low-income individuals who appear before the court.
To be eligible for a legal aid certificate in Ontario, an individual must demonstrate that their income, after paying for their necessities such as food and housing, is negligible or non-existent.
People on social assistance will nearly always qualify for legal aid. Even individuals who own a home or have some money saved in the bank may be eligible for legal aid. Although, it's important to note that the annual gross family income must meet certain thresholds to qualify. For a family of one, the income must be below $22,270, $32,131 for a family of two, $39,137 for a family of three, $45,440 for a family of four and $50,803 for a family of five or more.
These cutoffs, however, mean that many individuals who are struggling financially are ineligible for legal aid funding in Ontario. This brings us to the ongoing issues that seem to be continuously troubling Ontario's criminal justice system.
Ontario's criminal justice system has recently implemented reforms, but these have done little to address two major areas of concern. These issues include the disproportionate number of Aboriginal people appearing in court within the criminal justice system and the high numbers of accused people held in custody while awaiting trial.
Ontario's justice system records one of Canada's highest levels of Aboriginal involvement. Additionally, Ontario has the second-highest number of accused people who are detained while waiting for their trial rather than being out on bail. This problem is further exacerbated by the extremely poor conditions of pretrial custody facilities in Ontario.
In light of these ongoing issues, many residents of Ontario have expressed their criticism of the Justice System. They particularly pinpoint various police forces, citing their unapproachability and a growing lack of confidence in their fairness.
Despite the changes made by the government of Ontario to its criminal justice system, residents believe that additional reforms are desperately needed to address the issues that continue to plague the criminal justice system. If charged with an offence, it is crucial to be represented by an experienced criminal defence lawyer for a successful fight. It is equally important to be aware of your rights. For instance, if you are facing criminal offence charges, contacting Kostman and Pyzer, Barristers for a free consultation could be a valuable first step.
