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ISBN: 9781552213551

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Understanding Bail in Canada

When people are arrested and taken into custody, they become involved in a process to determine whether they will go home or stay in jail until the criminal charges can be brought to trial. Depending on the charges, this can take months — and sometimes years. In the meantime, the accused will either remain in a custodial institution (with few amenities), or be released into the community (sometimes with strict conditions). The fate of the accused during this critical period of time is governed by the law of bail.

Bail engages a dramatic conflict between individual freedom and society’s right to protect itself. While the conflict is straightforward and easy to understand, the same is not true of Canadian bail law. In this book, Justice Gary T Trotter, a former prosecutor and law professor, provides a straightforward account of this bewilderingly complex area of the law. In a highly readable style, Trotter draws a straight line through this legal morass, making it accessible to the legal profession and beyond.

Gary T Trotter

Gary T Trotter received an LLB from the University of Toronto, an LLM from Osgoode Hall Law School, as well as an MPhil and a PhD from the University of Cambridge. He was a lawyer with the Crown Law Office (Criminal) in Toronto before becoming a law professor (and then Associate Dean and Acting Dean) at the Faculty of Law at Queen’s University. He was appointed to the Ontario Court of Justice in 2005, to the Ontario Superior Court of Justice in 2008 and to the Court of Appeal for Ontario in 2016. In addition to other publications, he is the author of The Law of Bail in Canada.

Chapter Title Abstract Contributors Pages Year Price

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Introduces the role of bail in the Canadian justice system by providing two fictitious stories of how bail is used. 3 $0.30

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Explores different perspectives on bail in Canada, focusing on the Constitution and other sources of bail law. Bail’s impact on individuals and trials is also discussed. 15 $1.50

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Discusses the police and bail, touching on the different options the police have when dealing with someone arrested with an offence, mainly to release and compel appearance with bail. 9 $0.90

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Explores the question of who gets out on bail and who does not, considering many factors including the seriousness of the offence, the strength of the case against the accused, previous breaches … 12 $1.20

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Discusses bail hearings, focusing on who conducts bail hearings, the importance of timely bail hearings, evidence and procedure at bail hearings, as well as publication bans at bail hearings. 14 $1.40

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Focuses on bail orders by defining the types of release order and discussing the conditions of release. 10 $1.00

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Discusses sureties, focusing on the obligations of a surety, who may be a surety, and potential repercussions a surety may face. 8 $0.80

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Explores the concept of challenging bail decisions, focusing on what grounds to challenge a decision and where to challenge a decision. 6 $0.60

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Discusses bail on appeal, considering the theory and the practice, as well as surrenders into custody, bail in the Supreme Court of Canada, bail pending a new trial, as well as bail and … 12 $1.20

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Discusses the consequences of breaching bail, which include revocation proceedings and forfeiture proceedings. 6 $0.60

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Concludes by reflecting on the significance of the Bail Reform Act and the changes that have occurred since. 4 $0.40

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Provides a glossary of terms relevant to this book. 3 $0.30