The Supreme Court Comments on Bail
Enshrined in the Canadian Charter of Rights and Freedoms is the presumption of innocence and the right not to be denied reasonable bail without just cause. In a recent decision on bail called R. v. Antic, the Supreme Court commented on the importance of these aforementioned rights. In Antic, the Supreme Court voiced their displeasure with lower courts sidestepping the ladder approach to bail, which is codified in section 515(3) of the Criminal Code. The ladder approach begins with the default position that an accused should be released on an undertaking without conditions, and only when the Crown can show justifiable reasons does an accused move up the ladder. It moves up first with release on conditions without cash deposit, then with release on conditions with a surety, and finally, with release on conditions with cash deposit. Each rung must be deliberately weighed, and if any one rung feels like […]