Lawyers Subscribe Here
Page current as of
Yes the court can and often does deny bail
It costs about $250 a day to keep someone in a jail in Canada.
The costs of jailing (incarcerating) people by denying them bail are enormous. You pay for this in higher taxes.
Canadians have been complaining about bail being granted "too easily."
Please stop and think. An accused is not guilty until convicted. All accused are generally entitled to bail pending trial unless there are strong circumstance which mitigate against bail.
In reality, our courts deny bail more often than they grant it. Our jails are full of accused people awaiting trial who have not been convicted of any crime. False accusations are a dime a dozen. The police almost always overcharge, charge someone with many offences, hoping a few will stick.
The problem is not that some Justices of the Peace, (JP) are giving bail too easily. It is the exact opposite. Courts routinely deny bail to large numbers of people who should get bail. They play it safe regardless of the circumstances, so innocent people go to jail for no valid reason. It can easily happen to you.
Judges who impose "anger management therapy"
are practicing medicine without a licence.
When the Soviets did the same, we condemned them for torturing their victims with imposed therapies and drugs. Now we are doing it in Canada every day . . . but as always, almost exclusively, only to men. No one cares about the rights of jailed individuals until they are jailed themselves. If you are ever charged, you will see for yourself how bad it is for innocent men in court in Canada.
In vast numbers of cases, the time an accused spends in jail pending trial will exceed the sentence he would get if finally convicted.
As a result countless numbers of innocent men, recognizing the brutal reality of their plight, plead guilty in return for "time served" sentences. This of course most directly affects the working poor who cannot afford either bail if granted and/or the price of decent legal help for their defence.
Justice costs a great deal of money. It is not free.
Pretrial jail conditions are so horrendous that courts almost always extra credit for pretrial time served as some sort of compensation.
The police overcharge routinely by laying as many related charges as they can think of, presumably hoping to get a plea bargain conviction on some of them. They also lay many questionable charges on the theory that the courts can sort it out later.
The justice system needs a massive overhaul. On the one hand, our jails are full of untried accused, while on the other hand convicted killers like Kimberly Elliott gets house arrest for killing two people and injuring a third while driving drunk.
When 97% of all criminal trials result in some form of conviction, something is seriously wrong. The courts will find some way to convict you at trial, partly to avoid law suits from wrongful prosecutions and such. It is the ultimate "CYA " program and it is dead wrong. But as always,
"The big thieves hang the little thieves."
When It Comes to Lawyers, Paralegals, Legal Help
Come to CanLaw
CLICK TO BROWSE
This is not legal advice, it is information
Lay Person's Guide To The Canadian Criminal Prosecution Process
Bail Hearings & Reviews Estreatment Hearings Murder & Manslaughter Assaults & Robbery Break & Enter Theft & Possession Fraud & Forgery Drug Offences Impaired & Dangerous Driving Sex Offences Failure to Comply Breach of Probation Destruction of Fingerprints Destruction of Photographs Pardons Sex Offences Notarizing Documents Commissioning Documents Youth Criminal Justice Act