Poilievre’s ‘jail, not bail’ idea may not pass constitutional muster, experts say

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Poilievre’s ‘jail, not bail’ idea may not pass constitutional muster, experts say
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Poilievre said the measures don’t go nearly far enough to improve public safety. But experts reacted to his alternate proposal with skepticism

Boris Bytensky, a criminal defence lawyer, said legislation that would deny some accused people access to bail hearings would not pass constitutional muster.“Somewhere in there, there should be room for a person to be found not guilty. Because presumably, we don’t actually sentence people until and unless they’ve been found guilty beyond a reasonable doubt, he said.

“I’m not really sure what society these folks are imagining, if it’s a society where there is no risk, or a society where there is no crime,” he said. “Then we’re going to see an even higher representation in our provincial detention facility of folks who have not been criminally convicted of the offence for which they’ve been charged,” he said.

“We do not have a lenient bail system in this country. We’ve had more people in pretrial detention than in sentence provincial custody since 2004,” she said.

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