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Unshackling Bail Reform: The Misguided Nature of Bill C-48 by M Yuel

Featured in Robson Crim

In early 2023, an Ontario police officer lost their life at the hands of an individual who had been granted judicial release, otherwise known as bail, under strict conditions.[1]  Justice Arrell, who was presiding over the case, acknowledged the legitimate concerns surrounding the individual’s violent criminal history, yet stated he was obligated to place significant weight on his Indigenous background which ultimately led to the release.[2] This story fueled public discontent and frustration towards our criminal justice system, while also inflicting harm on the progress our justice system has made towards protecting Indigenous people. This is not the only instance in which a violent incident has occurred at the hands of an individual who is on bail; however, the reality is these situations are weaponized by the media to further enforce the narrative that a “tough on crime” response is necessary. Is this really the proper solution?


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[1] Sean Fine, “Accused OPP shooter was out on bail due to Indigenous identity”, The Globe and Mail (February 9, 2023) <www.theglobeandmail.com/canada/article-accused-opp-shooter-was-out-on-bail-due-to-indigenous-identity/> [https://perma.cc/REQ7-GWRG].

[2] Ibid.

1 Comment


Jack Thomas
Jack Thomas
Jan 22

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