EXPLAINER: HOW DOES CANADA'S BAIL SYSTEM WORK?

If you are accused of a crime in Canada — how do you get bail?

Amid calls for a makeover to the system that detains or releases some people accused of a crime while they await trial, it's important to understand the system.

HOW DOES SYSTEM WORK NOW?

In Canada, everyone accused of a crime is presumed innocent until proven guilty in a court of law.

The bail system has been set up in the Criminal Code under this basic tenet.

For most offences, an accused is not detained unless a Crown prosecutor can show cause that the person should be deprived of their liberty prior to any trial or conviction.

Reasons why an accused may be deprived of that right:

• to ensure attendance in court;

• public's protection or safety;

• to maintain confidence in administration of justice (which can include apparent strength of prosecution's case, gravity of offence, circumstances of an offence such as a firearm, or a potentially lengthy imprisonment on conviction).

There are some instances where an accused is not considered for release — those are for crimes under Section 469 of the Criminal Code.

They include offences such as treason, piracy, and murder.

In this case, there is a "reverse onus" — which means the accused must show the court they can be released.

They need to show there is "no just cause" for their detention.

WHAT COULD BE REFORMED?

The premiers of Canada and police chiefs across the country put out a call for action to the federal government to "strengthen" the country's bail policies.

The appeal for change comes in the wake of eight police officers killed in the line of duty since September 2022.

They say changes made to the bail system in the Criminal Code in Bill C-75 is causing too many violent offenders to be released on remand.

Federal Justice Minister David Lametti said in March the federal government is committed to "move forward quickly on targeted reforms" to the country's bail regime.

WHAT ABOUT BAIL REFORM BILL C-75?

This federal bill was passed in 2019 and basically codified a "principle of restraint" for the courts and police — reaffirming a 2017 Supreme Court case.

It directed releasing detainees at the "earliest reasonable opportunity" with the "least onerous conditions."

At that time, there were also calls for reforming the bail system.

Statistics Canada reported from April 1, 2017 to

March 31, 2018, 60 per cent of adults in custody were awaiting trial.

The system was seen as unnecessarily redundant and complex.

Also, the bail provisions in the Criminal Code hadn't been comprehensively amended since 1972.

WHAT DID BILL C-75 DO?

There were several ways the new bill impacted the bail system — such as streamlining processes by increasing the types of conditions police could impose upon arrest.

It required that the circumstances of Indigenous people accused of an offence be considered at bail — not just during sentencing.

It also amended the Criminal Code to address intimate partner violence — putting a reverse onus on repeat offenders.

But mainly, it legislated principles of restraint for police and courts to ensure release at earliest opportunity.