How does Canada’s bail system operate? Are we doing a good job protecting public safety? When individuals are arrested, are decisions about bail and pre-trial detention made in a fair, equitable manner that respects Charter rights?
These questions have been at the forefront of public discourse in recent months. In mid-January, the Premiers of all thirteen provinces and territories sent a letter to the Prime Minister and the federal Minister of Justice, calling for amendments to the Criminal Code.
While many commentators have suggested that our bail system is unduly lenient, such arguments run counter to decades of research. The evidence shows that