The Decibel Why bail reform is hard to get right
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Oct 21, 2025 David Ebner, a Globe and Mail justice reporter, dives into the complexities of Canada's bail system. He discusses the recent calls for reform amid rising public concerns about crime. Ebner explains how bail hearings function and contrasts Canadian practices with the U.S. cash-bail system. He highlights significant cases that expose flaws in current practices and reviews public sentiment towards crime and safety. With proposed changes from Ottawa, he weighs the implications of shifting the burden to the accused and the delicate balance between safety and wrongful detention.
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Bail Is A Charter-Protected Right
- Bail is a Charter right: people should not be denied bail without just cause.
- The system is founded on presumed innocence and releases are the default unless reasons justify detention.
Canada Lacks Widespread Cash Bail
- Canada largely avoids cash bail common in the U.S., reducing financial discrimination.
- Pledges of assets are used instead of widespread cash payments to secure release.
Three Legal Grounds To Deny Bail
- Judges can deny bail to ensure court appearance, protect public safety, or preserve faith in the administration of justice.
- Public safety includes risks to witnesses and victims and is judged case by case under Criminal Code grounds.