Ethics Series — The Ethics of Bail Reform: Do We Need Corrections in the Corrections System?

Bail reform is one of the most contentious and highest profile issues in the Canadian justice system. Under the Canadian Charter of Rights and Freedoms all accused persons are presumed innocent until they are proven guilty, so Section 11(E) provides that any person charged with an offence has the right “not to be denied reasonable bail without just cause.”  

But in deciding whether bail should be given or denied, Judges or Justices of the Peace presiding over bail hearings must interpret what is a “just cause” by assessing the risks that an individual will not show up for a court date or whether granting release on bail could threaten public safety or confidence in the administration of justice.

In trying to set a framework to achieve a correct balance between individual rights and public safety, the Federal government has passed Bills C-75 and C- 48. Some critics, however, believe that the system is too lenient (calling Bill C-75 “the catch and release bill”). This rhetoric may be over the top, but police forces across the country have voiced concerns that too many repeat offenders are receiving bail only to break their conditions and engage in crimes again. Peel Regional police, for example, reported in June 2024 that of 26 suspects arrested in Project Odyssey on auto theft 14 of them were out on bail awaiting trial for previous charges.

Other critics of our current system believe that not enough attention is being paid to the social causes of crime or the administration of justice. In February 2024, for example, the Canadian Civil Liberties Association released a report, “Still Failing,” that revealed that nearly 80% of those in Ontario jails in 2021-22 were not serving time for committed crimes but instead were awaiting bail or trial dates (the rate of pretrial detention has doubled over the last 40 years) and that ‘conditions in pre-trial custody are dangerous and inhumane.” Reflecting the intensity of this debate in July 2024, led by the Premier of British Columbia, every Canadian Premier recently signed a letter to the Prime Minister calling for a thorough review of the bail system.

Agenda

Moderated by Thomas Axworthy, Public Policy Chair at Massey the panel includes:

• Peter Sloly – Former Ottawa police chief and Visiting Fellow and Change Maker in Residence at Massey College
• Mary-Jane Bennett – Experienced litigator with a 40-year legal career in Manitoba and British Columbia, who began her career as a staff lawyer with Legal Aid Manitoba
• Kate Mitchell – Junior Fellow, Massey College; SJD candidate in the Faculty of Law; Her research focuses on prisons and the rule of law.

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