Bail has become the go-to explanation for everything people hate about crime and disorder, but the law is more stubborn than the politics. We sit down with Michael Mulligan to sort out what Bill C-14 actually does, what it cannot do because of the Charter, and why the presumption of innocence and section 11(e) still drive the core rules of judicial interim release. If you have ever wondered why “just hold them until trial” is not a simple switch, this conversation puts real legal guardrails around the debate.

We also talk about the part that rarely makes headlines: the system’s capacity. When courts are overloaded and under-resourced, cases spill over, trials get adjourned, and everyone pays the price in time and public confidence. We explore the Supreme Court’s principle of restraint, why bail conditions must be tied to specific risks, and why legislative “reminders” may sound tough while changing little on the ground.

Then we pivot to two practical cases. First, a mistrial application after a witness under cross-examination violates a common order not to discuss evidence. We unpack the “fair trial” north star and the remedies a judge can use short of scrapping the trial. Second, we dig into privacy law and modern surveillance: police obtain a neighbour’s security video of an accused person’s front door without a warrant, and the court finds no reasonable expectation of privacy, raising big questions for anyone living around cameras.

If this helped you think more clearly about Canadian bail law, mistrials, and privacy rights, subscribe, share the episode, and leave us a review so more people can find the show. What part of this debate do you think is most misunderstood?

Follow this link for a transcript of the show and links to the cases discussed.