The Myth of Presuming Innocence: An Examination of Bail Conditions in Canada

Le résumé fourni par la source

A common practice of contemporary bail reform in Canada is correlated with an increased reliance on bail conditions as an alternative method to utilizing remand. Despite the presumption of a means of protecting the safety and ensuring maintenance of the law, the over the implementation of bail conditions has presented a problematic lack of innocent presumptions of alleged perpetrators. In this article, data pertaining to the effectiveness of bail conditions throughout Canadian jurisdictions will be examined. Contemporary data, including reference to the Canadian Charter as well as current legislation implemented for bail conditions, will aid in supporting the central argument stating that the practice of conditional release veers toward punitiveness as opposed to upholding the presumption of innocence.  This article identifies several unanticipated issues that can result from a system reliant on stringent bail conditions that prolong the individual’s involvement in the criminal justice system, severely restricts their liberty and sets them up to fail through technical violations. Findings suggest that although Section 515(10) of the Criminal Code implies that there is a presumption of release without condition unless proven otherwise, evidence displays that numerous individuals are discriminated against regarding this law.

Ce résumé expose les affirmations des auteurs. BNTIC ne l’interprète pas comme une validation indépendante des résultats.