The Importance of Bail
The matter of bail has been in the media lately as a result of one famous inmate. Lawyers Denis Edney and Nate Whitling have fought to have Omar Khadr released from custody pending a determination of the validity of his conviction in the United States. While many people hold an opinion as to whether Khadr himself ought to have been released, many don’t know the role that bail (or judicial interim release as its sometimes called) plays in the administration of justice and its importance to the presumption of innocence. In Canada, the right to reasonable bail is enshrined in section 11(e) of the Charter of Rights and Freedoms. This means that all people accused of an offence have a right not to be denied bail without just cause. What constitutes just cause for denial of bail is outlined in section 515(10) of the Criminal Code and includes what are often referred to as […]