Jail 'em first, try 'em later

First, today's shocking poll:

A recent poll by Decima Research suggested the Liberals had the support of 32 per cent of those who are likely to vote on Jan. 23, while the Conservatives had 30 per cent support...

In Ontario, where gun crime has become a major issue, the Liberals' lead has dwindled to four percentage points over the Conservatives at 40-36, according to results taken from 1,020 respondents between Dec. 29 and Dec. 30.

Of note in the same story: the Liberals' latest proposal to tackle gun crime - "reverse onus" bail conditions for those accused of gun crimes. In other words, it would be up to the accused to show why he should be released, rather than the Crown to show why he should be held. Hmm. I'm just trying to imagine what sort of evidence you'd have to produce to show why you should not be kept in jail. How do you prove you're not a threat to society? I'm sure this tests off the charts in the focus groups. But, um, doesn't it sort of, you know, violate the Charter?

[PM spokesman Scott] Reid acknowledged that the reverse onus provision will require justification under the Charter of Rights, but the Liberals believe the courts will recognize that "the importance of protecting citizens against gun violence is paramount."

Correct me if I'm wrong, but isn't that more or less the same fudge as Harper has taken on gay marriage: we're confident the courts will see it our way? And what if they didn't? Would the PM invoke the notwithstanding clause?