the courts have repeatedly blocked things like mandatory minimums and cash bail and it is clearly frustrating conservatives, who are no doubt asking "what can we do to keep people in jail?", and what they aren't learning is that the science is clear: jail doesn't work.
there is a subset of criminals that legitimately don't understand what they're doing due to fas, complications of shs exposure, drug abuse as adults or other causes of mental retardation. the system has not dealt with this well; it's dealt with it backwards. it argues that an inability to form mens rea makes guilt impossible. but nobody is of greater threat to the community than a severely mentally damaged person with a history of lashing out. there needs to be a way to get the mentally damaged into hospitals, rather than jails, and keep them there, against their will. these people will never be rehabilitated and that's not the point of incarcerating them. they need to be humanely warehoused out of the general public.
if this was done effectively, it would lock up most repeat offenders. but this is a hole in the criminal law that isn't going to be patched with draconian laws that order people to behave and beat them with dominance if they refuse. they're retarded. they don't understand. it needs to be addressed with science.
what's left is mostly "crime of passion" where intent can be established and the courts mostly already refuse bail for this and property crimes which are mostly the result of poverty and need to be addressed with greater social spending.
the courts won't let the government break the system like this, at least for now.
the other option, of course, is to stack the benches with ignorant judges, and the harper, ford and trudeau governments certainly tried, but perhaps ran out of time. we're going to need to get the conservatives out of ontario very seen if we don't want to threaten long term damage to the tribunal system, but that's separate from this.