Why Canada’s bail system creates more crimes than it prevents

A troubling new report from the John Howard Society

If you ever find yourself arrested for a crime you didn’t commit, hope it happens in Prince Edward Island. At least then you’d have a decent chance of getting out on bail before your trial. Manitoba would be your least-preferred option.

A report earlier this month from the John Howard Society of Ontario reveals a host of problems with bail as it currently operates in that province. Combined with data from other provinces, it’s apparent our country’s bail system requires a major overhaul, in the name of fairness and efficiency, not to mention the concept of innocent until proven guilty.

Bail allows individuals accused of crimes to enjoy their liberty until a court decides their fate. Unlike the American system of an upfront cash bail requirement—familiar to anyone who’s ever read an Elmore Leonard or Janet Evanovich novel, or watched Law & Order—Canadian bail instead relies on sureties. No money is demanded immediately. Rather, the accused may be released into the care of a friend or relative who forfeits a set sum of money if the individual skips town or otherwise fails to abide by the conditions of his release.


But while the right to “reasonable bail” is enshrined in the Canadian Charter of Rights and Freedoms, it has become steadily more difficult to obtain, subjected to an increasing number of unreasonable conditions and transformed into something akin to extrajudicial punishment.

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