Bail in Canada ? Different Perspectives

• Author: Gary T Trotter
• Pages: 5-19

5

CHAPTER 1

Bail in Canada —

Different Perspectives

1. INTRODUCTION

is chapter considers a number of general features of bail in Canada.

In addition to philosophical and constitutional issues, we will also

explore some statistics that shed some light on the question of how

many people charged with oences get released on bai l and how many

do not. We will also ex plore the reality of what it is li ke to be detained

before tr ial.

Before we get started, what’s the difference between

“bail” and this exp ression “judicial interim release” that

I have heard mentioned sometim es?

e term “bai l” is used worldwide to refer to (among other

things) release before trial. For some reason, in 1972, the

Canadian Parliament decided to call it “ judicial interim

release” for reasons that are not clear. Consequently, while

everyone in court (and around the world) makes reference

to “bail,” the Canadian Criminal Code makes reference to

“judici al interim release” and does not once mention “bail ”!

Well, I prefer to use the term “bail” becau se “judicial

interim release” is way too cumberso me.

Me too.