The ongoing bail reform discussions in Canada raise concerns about potential wrongful accusations and systemic issues in the justice system, particularly regarding intimate partner assault and the treatment of detainees awaiting trial
Questions to inspire discussion
Bail System Challenges
🏛️ Q: What percentage of people in Ontario's provincial facilities are awaiting trial?
A: 80% of people in Ontario's provincial facilities are awaiting trial, often for months or years, due to denied bail and delayed bail hearings.
⏳ Q: How long can bail hearings take to obtain?
A: Bail hearings can take days or weeks to obtain, contributing to the high number of people awaiting trial in provincial facilities.
🔄 Q: What percentage of charges against people awaiting trial in Ontario are withdrawn or found not guilty?
A: 54% or more of charges against people awaiting trial in Ontario are either withdrawn or found not guilty at trial.
Legal Principles and Presumptions
⚖️ Q: What is the relationship between presumption of innocence and bail in Canada?
A: In Canada, the presumption of innocence is collateral to the presumption of bail, meaning accused are entitled to reasonable bail until conviction, as per the Charter of Rights and Freedoms.
🔓 Q: What is the default position in Canadian bail law?
A: The default position is unconditional release for most offenses, with the burden on the Crown to show cause for detention, except for murder suspects or those with a history of failure to attend court.
🧑⚖️ Q: What principle guides bail release according to the Supreme Court of Canada's Antic decision?
A: The Antic decision (2017) dictates that release is favored at the earliest reasonable opportunity on the least onerous grounds, considering risk of flight and public protection.
Bail Conditions and Evidence
📊 Q: How important is the strength of the Crown's case in bail hearings?
A: The strength of the Crown's case is a potent ground for detention, as evidence presented can jeopardize public confidence in the justice system.
🔫 Q: How do specialty units impact bail hearings in complex cases?
A: Specialty units like the Guns and Gangs Unit can effectively deal with complex evidence in organized crime and gun cases, securing appropriate bail conditions.
🏠 Q: What types of conditions can be imposed on bail release?
A: Bail release can include conditions such as house arrest, analog monitoring, and strict bail prerequisites, which can be highly restrictive, especially for serious offenses.
Domestic Violence and Bail
🚨 Q: Who bears the burden of proof in domestic violence bail hearings?
A: In domestic violence cases, the crown bears the onus of proving why the accused should be detained.
🔄 Q: What is a reverse onus situation in bail hearings?
A: In reverse onus situations, the accused must convince the court they should be released, considering a plethora of factors.
System Evaluation and Reform
💼 Q: Is the bail system considered broken?
A: The bail system is not broken but overstressed due to chronic underfunding across the criminal system, leading to potential mistakes and wrongful convictions.
👨⚖️ Q: How is the Canadian justice system perceived?
A: The Canadian justice system is considered good and evolving, with judges generally aiming to balance competing interests, though it's not perfect.
🏙️ Q: How does Toronto's homicide rate compare to other cities?
A: The homicide rate in Toronto is less than 100 per year, making the GTA population of 7.1 million much safer than many US cities of similar size.
Concerns and Potential Issues
⚠️ Q: What concerns exist regarding strict bail conditions in intimate partner violence cases?
A: Strict bail conditions, including GPS ankle monitoring, can lead to false arrests and wrongful convictions in high-conflict divorces where false allegations may be used as leverage.
👪 Q: How can false accusations impact the accused in family court?
A: False accusations can lead to limited access to children and job loss, with anecdotal evidence showing devastating impacts on the accused.
🔄 Q: What is the potential for abuse in the proposed Conservative Party legislation?
A: The proposed legislation to create a new offense for assault of an intimate partner with stricter bail conditions could be exploited in high-conflict divorces, leading to false accusations and wrongful convictions.
Key Insights
Bail System and Incarceration Rates
🔒 In Ontario, 70-80% of people in provincial facilities are awaiting trial, with 54% or higher having charges withdrawn or being found not guilty, highlighting a significant rate of incarceration for presumed innocent individuals.
🏛️ The right to bail in Canada is guaranteed by the Charter of Rights and Freedoms, Section 11E, ensuring reasonable bail without just cause for anyone charged with an offense.
🔓 Canada's default position is unconditional release for first-time court appearances, except for murder charges where the accused is presumptively detained.
Bail Process and Considerations
⚖️ The ladder of bail release in Canada includes options from undertaking without conditions to cash bail, depending on the accused's residency status and offense seriousness.
🔍 In bail hearings, the strength of the crown's case is a potent ground for detention, as a strong case could jeopardize public confidence in the criminal justice system if the accused is released.
👥 For domestic violence cases, the crown bears the onus to prove the accused should be detained, considering factors like prior convictions and violence against intimate partners.
Conservative Party Proposal and Criticisms
🆕 The Conservative Party's proposal to create a new offense for assault of an intimate partner with stricter bail conditions is misguided, as such cases are already designated and handled differently.
⚠️ This policy could potentially be exploited in high-conflict divorces, leading to false accusations, wrongful convictions, and increased false arrests.
🔗 Proposed stricter bail conditions include GPS ankle monitoring and immediate imprisonment for any breach, raising concerns about potential abuse.
Criminal Justice System Challenges
💼 The Canadian Civil Liberties Association's study highlights the seriousness of liberty deprivation and jail dangers, citing 7 alleged killings in the Dawn Jail.
🏥 Creating more criminal offenses won't solve crime, as it's a complex issue involving mental illness, homelessness, economy, health, and education.
👮 Police in Toronto do a good job tracking individuals on release but lack resources to do so effectively, despite a relatively low homicide rate of less than 100 per year in a population of 7.1 million.
Bail Reform and System Evaluation
🔄 The bail system is not broken but overstressed due to high incarceration rates and chronic underfunding across the criminal justice system.
📊 In reverse onus situations, the accused must convince the court of a release plan addressing risk factors, with the presumption being against bail.
🌟 The Canadian justice system is evolving and respectable, with judges striving to balance competing interests, though it's not perfect and requires ongoing improvement.
Importance of Bail and Presumption of Innocence
🗽 The latter principle on bail in Canada favors release at the earliest opportunity on the least onerous grounds, considering risk of flight and public protection.
🔬 Bail grounds are reviewed in three stages: primary (court attendance likelihood), secondary (likelihood of further offenses), and tertiary (impact on public confidence in justice system).
🤝 The majority of individuals awaiting release will be found not guilty or have charges withdrawn, emphasizing the importance of presumption of innocence in the bail process.
#Justice
XMentions: @HabitatsDigital @NotOnRecord @NeubergerLaw
Clips
-
00:00 ⚖ Bail reform discussions highlight proposed stricter laws for intimate partner assault, raising concerns about wrongful accusations and potential abuse in the justice system.
- The discussion focuses on bail reform, including relevant laws, case law, and associated issues.
- The Conservative Party plans to introduce a new offense for intimate partner assault, enforce strict bail conditions, and ensure tougher sentences for offenders to prioritize victim protection.
- Accused individuals must adhere to strict bail conditions, including GPS monitoring, with any breach resulting in immediate incarceration.
- New legislation on intimate partner assault could lead to wrongful accusations and increased leverage for manipulative partners in high conflict divorces.
- Proposed changes to bail could lead to increased false arrests, wrongful convictions, and prolonged custody without timely hearings, raising concerns about potential abuse across political lines.
- Anecdotal stories from domestic violence survivors raise questions about whether such individual experiences should shape broader policy decisions.
-
06:11 ⚖ Misuse of anecdotal evidence in crime policies leads to wrongful charges and harsh conditions for many, particularly men, while a significant number of detainees await trial due to bail denials, highlighting systemic issues in Canada's justice system.
- Anecdotal evidence of violent crime is misused to shape policies that unfairly impact the accused, leading to devastating consequences, including wrongful charges and severe personal loss.
- Domestic violence is often reciprocal, with women sometimes being the aggressors, yet policies tend to overlook this and disproportionately affect men as victims.
- A significant percentage of individuals in Ontario's detention facilities, often 70-80%, are awaiting trial due to being denied bail, with many facing lengthy delays for their bail hearings.
- Over 50% of individuals awaiting trial are found not guilty or have charges withdrawn, highlighting issues of chronic underfunding in the criminal justice system and the significant rate of incarceration compared to the US.
- Custody conditions are harsh and access to legal counsel is limited, while Canadian law guarantees the right to reasonable bail without just cause.
- In Canada, individuals are presumed innocent and entitled to reasonable bail, with specific legal principles governing bail conditions outlined in the criminal code and Supreme Court decisions.
-
19:40 ⚖ The 2017 judgment prioritizes early release on bail unless flight risk or public safety concerns arise, with serious offenses like drug charges facing strict conditions and high bail amounts.
- The 2017 judgment emphasizes that release is preferred at the earliest opportunity unless there are concerns about flight risk or public safety, followed by conditions for release, and as a last resort, monetary requirements.
- Bail hearings assess three grounds: likelihood of attending court, risk of reoffending, and other relevant factors.
- The strength of the crown's case is crucial in determining bail, especially in serious offenses like murder, where public confidence in the legal system is at stake.
- A drug mule is under police surveillance after making multiple deliveries and is caught with large amounts of drugs in their car.
- Getting released on bail for serious drug charges, especially for first-time offenders, is extremely difficult and often requires strict conditions and high bail amounts.
- Possession of large amounts of fentanyl can lead to severe legal consequences due to its dangerous nature.
-
25:30 ⚖ The strength of the crown's case in bail hearings can lead to detention, especially in domestic violence and organized crime cases, where evidence is often limited and specialized units manage proceedings.
- The strength of the crown's case in a bail hearing can lead to detention if releasing the individual undermines public confidence in the criminal justice system.
- Allegations of domestic violence often lack evidence and witnesses, necessitating a serious approach to complainant statements without requiring extensive proof.
- In cases involving a child, statements from the child may be included, but typically only a few messages or statements are present.
- Specialized units like the guns and gangs unit effectively manage bail hearings in organized crime cases, utilizing their resources to handle evidence and legal proceedings.
- Releasing individuals with criminal records is challenging due to strict bail prerequisites, and the process begins with an arrest where an accused may be released on their own undertaking without conditions.
- Police officers can release individuals with conditions for future court dates, and if not detained, a justice may also order their release under specific conditions without requiring a deposit.
-
31:15 ⚖ Individuals can enter recognizance agreements with community supervision, while judges impose various bail conditions, including cash bail and house arrest, influenced by factors like prior violence and police funding.
- A person can enter a recognizance agreement without a deposit, with "shities"—individuals who supervise them in the community—promising to the court to ensure compliance.
- Supervision in the community may involve cash bail or deposits as directed by the justice, especially for non-residents.
- Judges can impose various bail conditions, including cash bail, restrictive measures like house arrest, and the use of ankle monitors for accused individuals.
- Individuals under house arrest face strict limitations on their movements, requiring notification for any outings related to medical appointments, employment, or education.
- Insufficient police funding affects the effectiveness of bail checks, while the crown bears the responsibility to prove the need for detention at bail hearings.
- Judges must consider whether the accused used or threatened violence against an intimate partner and previous convictions when deciding on release conditions in domestic violence cases, with the burden of proof shifting depending on the circumstances.
-
37:15 ⚖ A proposal to create a new crime for domestic violence aims to change treatment under reverse onus conditions, complicating bail processes while highlighting that Toronto remains safer than many U.S. cities despite concerns about repeat offenders.
- Creating a new crime for domestic violence cases is proposed to allow for different treatment under reverse onus conditions.
- Domestic violence cases are legislated and treated differently from other assaults, often with dedicated legal units addressing intimate partner violence.
- Adding new crimes complicates reverse onus situations, particularly for individuals released on indictable offenses like sexual assault or robbery.
- Committing a further indictable offense while on release shifts the burden of proof to the accused, particularly in cases involving criminal organizations or firearm trafficking.
- To secure release on bail, one must demonstrate a viable release plan addressing risk factors associated with serious offenses, as the burden of proof lies with the accused.
- Despite concerns about repeat offenders and rising crime rates, Toronto remains safer than many U.S. cities, with most individuals on bail complying with their release conditions.
-
43:51 ⚖ The bail system faces criticism for prioritizing public safety over justice, highlighting the need for reform and comprehensive solutions to address crime and support the legal process.
- Bail hearings are conducted by provincially appointed justices of the peace, who operate under policies set by the provincial government and the attorney general.
- The bail system is viewed as broken by some due to public fear of crime and the belief that it's better to incarcerate innocent individuals than risk releasing guilty ones.
- Defense lawyers play a crucial role in upholding democratic principles like the presumption of innocence, but domestic violence cases often lack hard evidence and require caution due to the potential for false accusations.
- Wrongful accusations and chronic underfunding in the criminal system highlight the need for a multifaceted approach to address crime, including mental health, homelessness, and education.
- Finding a balance in the legal system is crucial to protect the public while managing risks, acknowledging the need for amendments and funding to address rising crime in a complex societal context.
- Judges generally strive to make the right decisions within a complex and challenging justice system, which, while not perfect, is respected and informed by insights from various jurisdictions.
- 51:09 📢 Engage with the content by liking, commenting, subscribing, and sharing, while appreciating the support from the sponsor.
-------------------------------------
Duration: 0:51:46
WatchUrl: https://www.youtube.com/watch?v=d-nxmWNKtdI
Publication Date:2025-06-15T10:30:17Z
-------------------------------------