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| Patrick Ducharme |
Recently, there have been significant changes in our laws related to bail, both in case law and legislatively. The upshot of these changes emphasizes that the bail system is intended to ensure the persons charged with criminal offenses will attend court when necessary to answer to the charge(s). The emphasis is on their release from custody prior to having to answer to the charge unless it is established by the prosecution that the accused poses a risk to the public safety on bail.
Every legislative change made by the 2019 amendments at least purports to have as the Federal government’s objective garnering respect for the judicial system, while providing confidence in the fairness of that system. The challenges facing our appointed Judges will depend on their interpretations of these new provisions in a way that accomplishes those objectives. Only time will demonstrate whether most persons charged with criminal offences will, in fact, remain free on bail until the allegations made against them are proven beyond a reasonable doubt in a court of law.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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