Robson Crim Legal Blog

There are systemic issues in the Canadian bail system that need to be addressed. Although the courts maintain that “the release of accused persons is the cardinal rule and detention, the exception”[1], on an average day 62% of adults in provincial or territorial custody are in remand, not sentenced custody. Manitoba has the second highest proportion of adults in custody in remand at 69%.This high proportion of detainees who are presumed innocent suggests a fundamental problem

The ancillary powers doctrine arises in Canadian law in R v Dedman which states that “statute law is not the only source of legal authority for police powers and that in particular circumstances, the common law may “provide a legal basis for carefully defined powers.”

Section 11(b) of the Canadian Charter of Rights and Freedoms guarantees every Canadian the right to be tried in a reasonable time. In 2016, this so-called “reasonable time” was given an 18 to 30 month ceiling in R v. Jordan , a case in which section 11(b) was invoked. Any trial expected to exceed the ceiling established in Jordan could therefore be considered unreasonable and, in turn, a violation of section 11(b).

The 21st century has seen major steps forward in addressing sexual violence against women. For example, in 2006 the Me Too Movement swept across the world, infiltrating every social media platform and exposing the darkest corners of Hollywood, professional sports, and even the US Congress. While not an exhaustive list, these fields contained some of the most notorious instances of sexual harrasment and violence against women.

A recent Manitoba Court decision sheds light on the bail system in northern Manitoba. It is not a pretty picture. At best you could view the situation at hand as the result of limited resources, issues regarding accessibility in isolated northern communities, and procedural disfunction. At its worst, it is the systematic reduction of human rights.