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It also placed considerable emphasis on cash bail, making release on bail dependent on the individual's financial resources, rather than factors such as likelihood of appearing to answer the charges. [6] The next major statutory change to bail in Canada was the 1960 Canadian Bill of Rights which provided for a "right to reasonable bail". [7]
Before the Supreme Court's decision in Zora, Canadian law was not consistent as to whether breach of bail conditions required subjective or objective mens rea. Courts in some provinces adopted one standard, while those in other provinces came to the opposite conclusion. [ 10 ]
R v Hussain (2018) ruled it unfair to punish a person twice for bail condition breaches. Regarding bail breaches if a sentence is ruled then the judge must consider credit for pre-trial custody which previously were automatically refused. In R v Hussain, the judge awarded Suleman Hussain with 1.5 days for every day in custody pre trial. [19]
The right to reasonable bail was examined in R. v. Morales (1992) when a person was denied bail under section 515 of the Criminal Code, which allowed detention where it "is necessary in the public interest or for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused ...
Section 10 of the Canadian Charter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to habeas corpus. As a part of a broader range of legal rights guaranteed by the Charter, section 10 rights may be limited by the Oakes test and/or the notwithstanding clause .
The case led to the passage of Bill C-464, or "Zachary's Bill", strengthening the conditions for bail in Canadian courts in cases involving the well-being of children. The deaths of Andrew Bagby and Zachary Turner became the basis for the 2008 documentary film Dear Zachary: A Letter to a Son About His Father, directed by Kurt Kuenne. [5]
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Additionally, abstinence conditions are difficult to comply with for individuals, without support, who experience substance abuse issues. [18] Poverty, precarious employment, and acting as a single caregiver are incentivizing factors to plead guilty. Innocence pleas require trial and bail must be granted to the accused to avoid pre-trial detention.