The recent announcement by Mayor Scott Gillingham, reported in the Winnipeg Free Press on Friday, September 12, 2025, that the City will publish a weekly bulletin, with the first published on September 16, 2025, highlighting individuals accused of breaching bail conditions, raises serious concerns. While community safety is a shared priority, this initiative risks undermining fundamental principles of our justice system, including the presumption of innocence.
While individual names are not published, the practice of publicly highlighting alleged breaches of bail conditions presupposes guilt and risks confusing allegations with proof. The criteria for determining who is selected as the so-called “worst” offenders are entirely opaque and subjective. This lack of transparency undermines fairness and the presumption of innocence.
This initiative appears aimed at pressuring the courts to deny bail more frequently by creating public scandal around alleged breaches. Yet, the reality is that most accused persons do comply with their conditions. By focusing selectively on a few cases, the bulletin creates a misleading narrative that undermines confidence in the courts and risks fostering moral panic.
The criminal justice system already operates under immense strain. Prosecutors manage overwhelming caseloads, defence counsel often work for modest Legal Aid tariffs, and judges weigh public safety carefully every time bail is considered. Contrary to popular rhetoric, every bail decision involves a detailed, individualized inquiry under the Criminal Code, where public safety is paramount.
If the Mayor’s proposal achieves its intended effect, more legally innocent people will spend extended time in pre-trial custody. This not only risks incarcerating individuals who may ultimately be acquitted, but also increases pressure on the accused to plead guilty simply to avoid lengthy detention. Numerous public inquiries have already identified this problem, warning against exactly this outcome.
As a society, we must remain committed to the Rule of Law. Real solutions to crime require investment in addiction treatment, housing, and community supports. Programs such as the recently opened Whistling Winds Youth Recovery and Wellness facility are examples of initiatives that can reduce crime by addressing root causes. Political theatre will not make us safer, but evidence-based investment in people and communities can.
Stacey Soldier
President, Manitoba Bar Association