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Once, people were before a justice of the peace for a bail hearing within 24 hours of arrest; now individuals are routinely held for days before a bail hearing can be conducted. The promise of appearing before a justice within 24 hours is a hollow guarantee.

The problem is exacerbated by the conditions of our local jail. Overcrowding and overuse of segregation and isolation mean that if the Crown does not consent to an individual’s release, the person may spend days in the overcrowded and understaffed Ottawa Carleton Detention Centre before a bail hearing can be held.

The presumption of innocence is one of the bedrock legal principles of Canada’s system of law. It is not a violation of the presumption of innocence for a person to be held for a bail hearing, nor for an accused person to have to wait in custody if denied bail. However, we are rapidly approaching a tipping point where the constitutionality of our bail practices is being actively undermined.

Every accused person has a constitutional guarantee to reasonable bail. Reasonable people can disagree on the terms of a bail plan, but we have moved now to a system where individuals are rarely released on their own recognizance, and house arrest scenarios, or plans with supervising sureties have become the norm. But requiring these types of plans before permitting release will inevitably mean that people who may have never reoffended or failed to appear for court, will remain in custody. This creates an unsafe environment not only for accused persons, but also for jail staff who have to deal with the overcrowded conditions.