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Reasonable bail? /

16 Sep 2013

We have a bail problem in Ontario. The Canadian Charter of Rights and Freedoms clearly states that any Canadian, if charged with a criminal offence, should have a bail hearing within a "reasonable" amount of time. The Criminal Code of Canada prescribes that persons charged with a criminal offence should, in general, be released on bail unless the Crown can demonstrate that detention is necessary. The Criminal Code similarly dictates that, generally, "the accused be released on his giving an undertaking without conditions." It is well known that crime rates (both total and the severity of crime) have been on a decline for decades in Canada, and this includes Ontario. Despite this decrease in actual crime and crime severity, a greater number of criminal cases in Ontario start their life in bail court - that is, detained pending a bail hearing - than ever before. What is more, these bail cases are taking more time to process. Low-risk individuals charged with minor offences have their bail matters put over numerous times on account of the increasing reliance on sureties as a condition of release, along with other delays. Our situation in Ontario is, in short, as follows: less people are being released on bail, less quickly, and with more conditions, during a time of historically low and still-declining crime rates. These trends have not only impacted the amount of backlog in criminal court processes, but have also had a dramatic impact on provincial remand populations. The net effect is significant expenditures on criminal justice processes on the taxpayers' dime.
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Pages
20
Published in
Ottawa, Ontario

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