After some initial opposition, city council voted four to two in favour of a new policy position and requesting mandatory addiction and mental health care.
City of Williams Lake’s mayor and council took part in a spirited debate at their regular meeting on Jan. 16, 2024 before making their votes, adopting the resolution.
Council was discussing a recommendation put forward by Coun. Scott Nelson: “That council officially advise Crown Counsel, the judiciary and the RCMP that it takes a policy position that it objects to prolific offenders being released on bail into the community of Williams Lake in accordance with Bill C-48; and further, that council request both the provincial and federal governments to implement secure, mandatory care for offenders dealing with addiction and mental health issues, particularly prolific offenders.”
“What’s happening today is a massive failure,” said Nelson.
Opposition to the recommendation partly came from confusion around what this policy position means in regards to Bill C-48, and partly from concerns around the request for “mandatory care.”
Coun. Angie Delainey and Mayor Surinderpal Rathor both questioned the lack of information provided with the recommendation.
“I can’t support this, I don’t know enough about Bill-48, there’s not even any background,” said Delainey.
Bill C-48 is a bail reform act and was passed unanimously by the federal government and received royal assent to become law on Dec, 5, 2023. The bill includes requirements for persons with multiple previous convictions or in cases involving weapons or violence or intimate partner violence to show why they should be released on bail, something referred to as “reverse onus.” Previously, prosecutors were required to show why the accused should not be released on bail.
The change was long asked-for by critics of what has been called “catch and release” justice and is aimed at reducing the number of people with violent, repeat or intimate partner violence offences being released on bail.
Though he was not aware the Bill C-48 amendments had already been passed federally, CAO Gary Muraca spoke up to provide explanation for Nelson’s proposed recommendation, which he later said would act like a “victim impact statement” on behalf of the community.
Muraca and Nelson said the policy would show the city’s support for repeat and violent offenders remaining in custody.
Further concerns were heard from councillors, around the recommendation’s use of the term “mandatory care.”
Nelson appeared unfazed by the possible legal challenges of asking the justice system to put people in mandatory care and the implications with regards to the Canadian Charter of Rights and Freedoms.
“The suggestion here is that if you’re addicted or you’ve got a mental illness and the doctor says you need treatment, and I’m not talking 24-hour treatment here, ‘cause that’s not going to solve the problem (sic), if it takes six months or it takes six years, then that’s how long you’re in there for.”
Other councillors, however, voiced some concerns.
“Mandatory treatment infringes on the human rights of what is an already very marginalized population,” said Moses, noting he believes through his positions on health-related boards and reading research, mandatory care does not work.
“I believe a better way forward would be if we were to focus on fixing our voluntary care systems, which are currently bleeding themselves.”
Moses also advocated for consultation with health care providers, First Nations, and others to come up with solutions based on frontline experience.
Coun. Sheila Boehm also initially had questions around the idea of mandatory care, noting it is not council’s place to make that call.
“I do agree reforms are needed,” said Boehm, noting she wants to see the right group of people making those decisions.
She then gave the motion support and said she interpret’s the recommendation as meaning the justice system has to provide the care.
Coun. Jazmyn Lyons said she agreed with Nelson on the first part of the recommendation regarding bail reforms and expressed reservations around how the mandatory care would work, but then said something had to change.
“If we don’t try then we don’t find solutions,” she said.
Coun. Angie Delainey said she understood where Nelson was coming from and his frustration with the current situation, but disagreed with the recommendation.
“I’m never going to be in favour of taking people’s liberties away,” she said, adding she does not believe there is any fast fix for these issues.
After more extended debate and varied interpretations, Nelson asserted his proposed policy and request was clear.
“Well, if you read the recommendation, I think it’s very finely tuned to the bill,” said Nelson, which then led to further debate.
“Why are you advising we take a policy position when it’s already there, and you’re saying that this bill is already there and will already protect our community but you still want to throw around these huge positions,” said Moses.
In the end, Boehm, Lyons, Nelson and Rathor all voted to support the recommendation, despite their initial misgivings, passing the resolution.
Moses and Delainey voted against the policy position and request for mandatory care.
Nelson later clarified the new policy means the city will send a letter to Crown when a person is charged with a violent offence an is a repeat offender, restating the city’s desire not to have “prolific offenders being released on bail into the community.”
READ MORE: Williams Lake’s top cop reports to city council on crime stats
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