5 ways to reform Canada's bail system to benefit both the public and the accused

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5 ways to reform Canada's bail system to benefit both the public and the accused
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THE CONVERSATION

This article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site.We deliver the local news you need in these turbulent times on weekdays at 3 p.m.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.

Critics believe the rights of the accused are being prioritized over the rights of victims and public safety. The law allows for people who are deemed risky to be detained, particularly for certain indictable offences or when confidence in the administration of justice would be undermined by releasing an accused person into the community.

A vast majority of the accused people we have spoken to report taking their conditions seriously and accepting responsibility for their actions while on bail. They believe that the path out of the criminal justice system involves making meaningful changes in their lives. Recent Statistics Canada data also shows that nearly 80 per cent of people in provincial custody in Ontario were legally innocent, further demonstrating that bail is not a lenient process.Article contentBail can also exacerbate social marginalization and criminalization. The imposition of restrictive and onerous conditions that require residency conditions for those experiencing homelessness, for example, makes completing bail without breaching its conditions more difficult.

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