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    Kanadas Kautionssystem steht in der Kritik, aber wie funktioniert es eigentlich?


    Kanadas Kautionssystem steht in der Kritik, aber wie funktioniert es eigentlich?

    https://www.thestar.com/news/canada-s-bail-system-is-under-fire-but-how-does-it-actually-work/article_2f77fac2-827d-11ef-9a43-ab63cf276612.html

    View 16 Comments

    16 Comments

    1. Hicalibre on

      Here is the short of it.

      Bail is a “right”. Bail must be according to a person’s (legal) financial capabilities (this is why car thieves are consistently out on bail). Bail can only be “denied” if the person is deemed a threat to the public.

      All of those are from Federal level as mandatory.

    2. Automatic-Bake9847 on

      “According to the Canadian Department of Justice’s website, when determining that someone should not be granted bail, finding just cause requires considering whether the accused offender needs to be detained to ensure they go to their scheduled court date, to keep the public — including victims — safe or to maintain public trust in the justice system.”

      I would imagine a case could be made to deny bail to repeat offenders, especially violent ones, on the basis of public safety and public trust in the system.

    4. jmmmmj on

      If you’re charged with a crime, you’re released from custody on certain conditions. If you break those conditions, they bring you back before a judge so he or she can release you on the exact same conditions that you just broke. This is repeated for 2-3 years, after which the judge stays the charges because the delay has violated your right to a speedy trial. 

    5. nullCaput on

      Our Justices having lost all semblance of practicality or working in the real world and succinctly have succumb to ideology. And not only has it had disastrous effects on the matter at hand, it is making everything connected worse.

      There is more crime thanks in part to it, more offender processing/court dates so were getting reamed on both ends and sentences are almost always concurrent. So our “justice” is without question of a lesser quality.

      So how does it actually work? In one word, Poorly.

    6. Fancy-Ambassador6160 on

      It doesn’t actually work, and that’s why we are mad

    7. Hydraulis on

      I propose a law: anyone who’s been charged with a violent crime, weapons related offenses, or can reasonably be suspected of being a danger to others, automatically cannot get bail of any kind under any circumstances.

    8. Unusual_Ant_5309 on

      The only way to create substantial change in the bail system is with a constitutional amendment to limit our rights as citizens. Sorry that’s the trade off. The legislature cannot make a law to limit a right the courts say is found in our constitution. We can tweak the system but nothing will change.

    9. SnuffleWumpkins on

      Should be one strike you’re out.

      You get bail, if you violate that you’re in jail until your trial.

    11. DoNotDisturb____ on

      I hope they actually do something about it instead of just make it a talking point for the election. Same with heavier penalties (especially one’s including guns). Usually in gangs and organizations, they have a bail and lawyer fund for this very reason. They are playing the system for a fool.

    12. Roamingspeaker on

      One of the problems with the courts is that they are not effective as Judges etc are in no way shape or form accountable. Police have numerous different apparatus that overlook them (in Ontario I think it is 4 or so, OIPR, SIU, professional standards and one or two others).

      The courts meanwhile have nothing. So when a judge releases someone on bail, who then goes out and reoffends within a short or moderate period of time (a firearm offence say 3 weeks later in which someone is shot), the judges is not reprimanded.

      Judges reign supreme and are not accountable. They have passed so many verdicts which has castrated every aspect of our system based on a increasingly ideologically driven interpretation of our Charter.

      The only way to deal with that is to bring back mandatory minimums and/or denial of bail for certain offences. I’d also suggest that many offences be switched over to being a reverse onus clause where the defendant has to provide that they didn’t commit an offence.

      The courts need to be forced to do their jobs.

      We could also introduce a three strike rule for only serious offences in which that the convicted now serves consecutive sentences and not concurrent (how anyone thought concurrent sentences were reasonable is beyond me).

      Dangerous offender designation should be far easier to attain for those who have repeatedly shot at people, robbed people, injured people with a weapon, committed rape, are member to a gang. That designation should eventually mean after a few serious offences, that your not out until your a old decripid individual if not, never.

      Someone will read this post and say that it can’t be done because of x y z. They likely don’t live in a community plagued by many of the above offences. Someone will say I’m a Nazi or a idiot or whatever but I’d point out the following.

      Our rights as Canadians are not inalienable and right now we have a problem where we are devolving into country unrecognizable to the peaceful country we supposedly are. Look at the gun violence in Toronto. Put the homicide rate aside as our hospitals are great at saving people (it is a important metric but only captures part of what’s up and ignores the fact our hospitals are pretty good at trauma vs 35 years ago).

      Look at the number of shootings. The number of people shot. The number of rounds fired per occurrence. The craziness of many of these shootings happening in daylight or at schools etc.

      Then you can dive into other very dangerous offences such as car jackings, auto theft, break and enter, home invasion, other weapons related offences, the number of police officers being injured/killed. This is absolutely abhorrent.

      Many people have no faith in the systems that serve us. Go and talk to most people especially in places that suffer the most. With that in mind, how many offences aren’t be statistically captured because they are not reported?

      If PP needs to enact the notwithstanding clause because egg heads will say the above can’t be done and come up with infinite excuses, so be it.

      Right now, everyone is demoralized in an ineffective judicial system all the way from the cops to likely the CAs (however they are very removed from the nature of the offence and offender) to those who work in correctional facilities.

      No one wants to do their job or cares to. Judges and JPs are a fantastic example of those that don’t care to do their job because of sophisticated and unlimited language/power.

      Bring on the NWC and get down to work guys serving the public.

    13. BumbleStinger on

      There are absolutely no checks and balances for our court system currently. Other than a few mandatory SHALL’s, a judge can release almost any criminal who’s brought before them for bail solely based on their opinion. In contrast, the U.S has mandatories and minimums for a range of crimes. A judge can release someone on conditions and if that person murders someone the same day that judge faces no backlash, no discipline and no legal consequences.

      Canada’s justice system is absolutely broken, if the public was aware of how broken and much of a joke it is the average person would be blown away.

      I work law enforcement in Ontario and EVERY seasoned criminal knows our justice system is a joke. In fact, they joke about it and make reference that they’ll be out the next day anyways and we’re wasting our time.

      A few months ago I arrested someone on the roadways for breaching his conditions of release (bail). His conditions were to remain in his primary from 9pm to 6am and when out of his residence he had to be with his surety. He was neither with his surety and the time was 10.30pm. This guy had 9 prior breaches of conditions already on his record, meaning he hasn’t complied with him conditions of release 9 prior times before already. I held him for bail and the very next day the judge released him ON THE SAME CONDITIONS AGAIN.

      It is absolutely demoralizing for law enforcement in Canada right now to enforce the law. Everyone we arrest is released, dangerous, petty, thieves, fraudsters… you name it and they will be released. Almost every police media report being blasted out is the same old, person already on bail/conditions committed another offense and was re-arrested. It’s 75% the same people in Canada committing the majority of crime.

      There are so many other clauses in our Criminal Code that ENABLE criminals to be back on the road.

      Indigenous communities are an example of this, they have a special clause in our CC that encourages and dictates that our Justice System will do anything possible but put them in jail because theyre “over-represented”.

      ***718.2*** *A court that imposes a sentence shall also take into consideration the following principles:*

      * *(e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.*

      So what has this created? Chop-Shops on every reserve run by Indigenous people who know they’ll never go to jail for car thefts. If your stolen vehicle isn’t going to Montreal Port to be shipped overseas it’s going to one of the Reserves to be chopped up for spare parts.

    14. Internal-Yak6260 on

      It works for the sole benefit of the convicted or charged.

      Not to keep citizens safe.

    16. makitstop on

      you know what, finally something i can agree with ya’ll about

      bail is a horrible system that should be abolished as a whole, since it really only serves to help rich people get out of prison

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