Historical Context of Bail Reform

The issue of pretrial detention in Canada began gaining attention in the early 2000s, as statistics showed an increasing number of individuals being held before trial, with many legally innocent. This situation led to heightened concern about the disproportionate representation of marginalized groups, including Indigenous and Black people, in detention. A significant moment occurred in 2014, when a report co-authored by the Canadian Civil Liberties Association highlighted ongoing issues within the bail system. This culminated in the enactment of Bill C-75 in 2019, which sought to address the Supreme Court’s directive to ensure that the principle of restraint was maintained in the bail process.