Front Burner (CBC) | "The bail backlash" | March 20, 2026

Episode Overview

In this episode, host Jamie Poisson explores the intensifying debate around Canada's bail system. Amid sensational headlines and tragic cases, politicians are fast-tracking Bill C14—proposed as the toughest tightening of the criminal code in decades. The episode examines how public outrage, legal principles, Supreme Court rulings, and political expediency collide over the future of bail, and what this means for justice, safety, and the presumption of innocence in Canada.

Key Discussion Points and Insights

1. High-Profile Cases Fueling Bail Backlash

• Public perception: Cases involving repeat offenders and violent crimes committed while the accused were out on bail have led to widespread belief that the bail system is too lenient.
  • ABACUS Data Poll: 79% of Canadians polled feel it’s too easy for people accused of serious crimes to be released ([04:16]).
• Personal stories: The episode features grieving parents whose daughter was killed in a crash caused by a repeat offender out on bail. Such stories intensify demands for stricter laws ([02:30]-[04:16]).

2. Political Consensus and Legislative Response

• Rare bipartisan agreement: Liberals and Conservatives, often at odds, have come together to push for bail reform ([01:18]).
• Political slogans: Pierre Poilievre and Conservative supporters popularize slogans like "Jail, not bail" and "end Liberal catch and release" ([05:37]-[05:49]).
• Legislative action: Prime Minister Mark Carney introduces Bill C14 (Bail and Sentencing Reform Act), framed as the most aggressive criminal code tightening in decades ([01:51], [29:27]).

3. How Bail Works in Canada

• Process: Police decide on release first; if denied, the Crown decides; if still denied, a bail hearing is held ([06:07]-[06:41]).
• Bail plan: Defense may propose conditions (e.g., behavioral commitments, surety, treatment plans). Judge/judicial justice weighs flight risk, public safety, and confidence in the justice system ([06:47]-[07:39]).
• Constitutional right: The right not to be denied reasonable bail without just cause is enshrined in the Charter ([07:39]).

4. Supreme Court Decisions & Principle of Restraint

• Antic (2017): Reinforces the "ladder principle"—judges must consider the least restrictive option first.
  • Quote (Justice Wagner): “Release is favored at the earliest reasonable opportunity and on the least onerous grounds.” ([09:08])
• Myers (2019): Reiterates that bail release is the “cardinal rule,” detention the exception ([09:33]).
• Zora (2020): Overly restrictive bail conditions lead to a cycle of incarceration, particularly harming marginalized groups ([09:58]-[10:14]).
• Impact: These rulings, codified in Bill C-75, instruct restraint in bail decisions ([10:27]).

5. The Principle & Limits of Restraint—Expert and Legal Perspectives

• Shakir Rahim (Canadian Civil Liberties Association):

  • Importance of presumption of innocence—bail decisions restrain liberty before guilt is proven ([11:06]).
  • Quote: "Our starting point should be that we're not going to lock you up… There might be cases where we have to…” ([11:06])
  • Clarifies that restraint doesn’t mean universal release; conditions or detention are possible when needed ([11:27], [11:40]).

• Nader Hassan (Defense Lawyer):

  • Describes the arduous process and negative impact of being jailed pre-trial, even in serious cases where defendants are eventually acquitted (e.g., the Umar Zamir case—[12:34]-[16:20]).
  • Emphasizes backlash from politicians after a controversial bail release ([14:54]-[15:31]).
  • Critiques Bill C14 as “cheap politics” but acknowledges it will increase pre-trial detention ([32:38]-[33:17]).

• Hillary Dudding (Defense Lawyer):

  • Raises concern about pressure on the accused to plead guilty to avoid long, harsh pre-trial incarceration, even if innocent ([17:43]-[18:32]).

6. Data, Headlines, and the Reality Gap

• Data limitations: Lack of data on bail, particularly re-offending rates, makes policy debates difficult ([27:53]).
• Surprising statistics:
  • Proportion of people released on bail in Ontario has decreased since 2018 (from 57% to 50%).
  • Pre-trial detainees now make up 76% of provincial jail populations, compared to much lower rates ten years ago ([27:53]-[28:45]).

7. Law Enforcement and Victim Advocacy

• Police frustrations: Repeated release of alleged offenders on bail creates a "revolving door," frustrating officers and undermining public trust ([23:08]-[23:38], [24:30]).
• Victim risks: Advocates and police highlight "re-victimization" risks and stress that restraint, in their view, goes too far in protecting accused rather than victims ([31:57]).

8. Bill C14—Key Provisions and Controversy

• Clarifies restraint: Emphasizes public safety must be ensured before release ([30:05]).
• Expands reverse onus: For certain violent offenses (e.g., home invasion, violent extortion, auto theft, choking in sexual assault), the accused must prove why they should be granted bail ([30:42]).
• Potential downsides: Likely to increase jail overcrowding and may result in heavier pre-trial detention, leading to more sentence reductions post-conviction due to poor jail conditions ([34:25]-[35:05]).

Notable Quotes & Memorable Moments

• On the presumption of innocence:
  “Our starting point should be that we're not going to lock you up. There might be cases where we have to because of the various grounds... but it's important that's not where we jump to first.”
  — Shakir Rahim, CCLA ([11:06])

• On political reaction and public outrage:
  “Scrap Liberal bail and let's bring in jail, not bail... Lock up the repeat offenders.”
  — Conservative Supporter ([05:37])

  “It is completely unacceptable that this person charged for this heinous crime is now out on bail. Our justice system needs to get its act together and start putting victims and their families ahead of criminals.”
  — Doug Ford, Premier of Ontario ([15:31])

• On cultural and political shifts:
  “I think tough on crime sells. It's tried and true across jurisdictions... There is bipartisan appeal to being tough on crime.”
  — Nader Hassan, Defense Lawyer ([32:38])

• On justice system consequences:
  “Locking up people who are still presumed innocent in these conditions is not civilized and will likely result in justifiable resentment and outrage against the system.”
  — Quoted from a Toronto judge’s reasoning ([35:05])

• On data limitations:
  “If you go to the Minister of Justice and say... how the situation has gotten worse, more people are reoffending... They can’t answer that question.”
  — Shakir Rahim, CCLA ([27:53])

Important Timestamps

• [02:30]-[04:16]: Grieving parents detail case of repeat offender and their daughter's death
• [06:07]-[07:39]: Mike Murray explains the bail process
• [09:08]-[10:14]: Supreme Court's trilogy on bail (Antic, Myers, Zora)
• [12:34]-[16:20]: Umar Zamir’s case – bail, trial, acquittal, and public backlash
• [17:43]-[18:32]: Effects of pre-trial detention pressures on plea deals (Hillary Dudding)
• [23:08]-[24:30]: Chief Darren Montour on bail and re-offending in the opioid crisis
• [27:53]-[28:45]: Statistics on bail and pre-trial detention rates
• [29:27]-[32:33]: Bill C14’s key provisions and responses from stakeholders
• [34:25]-[35:05]: Overcrowding, potential unintended consequences, and judicial reasoning on sentence reductions

Conclusion

The episode unpacks the complexities and emotion fueling debates over bail in Canada. While high-profile tragedies and media attention have prompted a political rush to tighten bail, legal experts caution against losing sight of constitutional rights, fairness, and unintended consequences like pre-trial crowding and perverse incentives for guilty pleas. The episode makes clear: the bail backlash is as much about public perception and politics as it is about facts and law. Bill C14’s fate—and its impacts—remain to be seen, but its arrival marks a watershed moment in Canada’s justice debate.