While much of the public discussion has focused on Bills C-12 and C-14, Bill C-75 has received far less attention, despite its potential impact on the bail system.
Schedule 2 of Bill C-75 requires that the money proposed to secure bail, including funds offered by sureties, to be deposited with the court before an accused person can be released. This means that there would no longer be a “promise to pay” but a deposit in full of the amount pledged.
This change will disproportionately affect those without immediate access to funds and raises significant concerns about equal access to bail. It would mean that people who are now pledging equity in their homes or vehicles they possess to mortgage or sell or secure credit from their property just to free a loved one who may be wrongfully accused of a criminal offence. And with no empirical evidence to suggest that this will have any effect on compliance with conditions. It will mean more people in jails that are already so overcrowded that some judges have called them inhumane.
#BillC75 #BailLaw #CriminalJustice #LegalEducation
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