Bail in Ontario: What Every Citizen Should Understand
Bail is a critical aspect of the criminal justice system in Ontario, serving as a mechanism that upholds the rights of the accused while ensuring public safety. As a criminal defence lawyer serving Mississauga, Brampton and Caledon, I often navigate the complexities of bail hearings and the surrounding legal framework. It is important all individuals understand what bail is, its function, the grounds for denial, and current trends in Ontario’s bail system.
What is Bail?
Bail is essentially a court process that individuals charged with a criminal offence are entitled to under the Canadian Charter of Rights and Freedoms (CCRF). The CCRF guarantees that all accused individuals have the right to liberty and are presumed innocent until proven guilty. This means that they cannot be denied reasonable bail without just cause.
The decision to grant or deny bail is made by a judge or a justice of the peace (JP) at a bail hearing, where various circumstances unique to each individual are considered. If bail is granted, it may come with specific conditions that the accused must follow during their release. Breaching these conditions can lead to new charges and make future bail applications more difficult.
The Three Main Purposes of Bail
Ensuring Court Appearance: The primary purpose of bail is to ensure that individuals charged with an offence appear in court when required. This maintains the integrity of the judicial process.
Maintaining Public Safety: Bail decisions also involve assessing and managing any potential risks associated with releasing the accused. This involves considering whether the accused poses a danger to the public or to specific individuals, such as victims or witnesses.
Upholding Public Confidence: Maintaining public confidence in the justice system is crucial. When bail is handled transparently and judiciously, it reinforces the community’s trust in legal processes.
Grounds for Denial of Bail
There are three primary grounds on which bail can be denied:
Primary Ground: This ensures that the accused will attend court on their scheduled dates. If there is a significant risk that the individual may flee, bail may be denied.
Secondary Ground: This is focused on protecting the public, victims, and witnesses. The court considers the possibility that the accused might commit another offence if released.
Tertiary Ground: This ground aims to maintain public confidence in the administration of justice. If releasing the accused would undermine that confidence, bail may be denied.
Onus of Proof in Bail Hearings
In bail hearings, the onus or burden of proof lies with the Crown. They must demonstrate sufficient reasons to deny bail and keep the accused in detention. However, in cases involving serious indictable offences, such as robbery or drug trafficking, the reverse onus applies. This means the accused must prove that they should not be denied bail, significantly raising the stakes.
Bail Conditions and the Ladder Principle
When bail is granted, conditions are often imposed based on the ladder principle, which starts with the least restrictive conditions and escalates based on the perceived risk. Possible conditions may include:
Mandatory court attendance Reporting to a peace officer No communication with co-accused, victims, or witnesses Adhering to a curfew Depositing a passport Prohibiting the possession of firearms or weapons
Breach of Conditions:
If an accused fails to follow their bail conditions, they can face severe consequences. Breaching bail conditions can lead to the revocation of bail and result in being criminally charged with “Breach of Recognizance”, complicating future bail applications.
Current Bail Trends in Ontario
The bail system in Ontario is facing significant challenges:
Overloaded Bail Courts: The courts are experiencing high volumes of cases, with approximately 50% of individuals charged with an offence held for a bail hearing. This overload can lead to delays and complications in the bail process. Calls for Reform: The increasing number of cases and societal concerns regarding public safety have led to discussions around bail reform. There is ongoing debate about how to balance the rights of the accused with the need for public safety and judicial efficiency.
Conclusion
Bail is a vital part of Ontario’s criminal justice system, providing a framework for ensuring that individuals can exercise their rights while balancing the needs of public safety and the integrity of the justice system. As a criminal defence lawyer in Peel, my focus is on helping individuals charged with crimes stay out of jail and be granted bail whenever possible. With trends evolving and challenges arising, it’s essential for both legal professionals and the community to engage in constructive discussions about the future of bail in Ontario.
