Read on Twitter
So much to unpack but let’s start with the basics....
1. We call them accused, not offenders (see: a. 11(d) - presumption of innocence); https://twitter.com/neufeld_mark/status/1258936459353939970">https://twitter.com/neufeld_m...
1. We call them accused, not offenders (see: a. 11(d) - presumption of innocence); https://twitter.com/neufeld_mark/status/1258936459353939970">https://twitter.com/neufeld_m...
2. Offence is never determinative on a bail application (see: basically all binding authorities since the Bail Reform Act circa 1970-72)
3. In Canada, pre-trial release is the “cardinal rule” and detention the exception (see: Morales, Hall and St-Cloud, just to name a few);
4. When we assess the public interest, that “public” is NOT those who would rush to judgment or react impulsively (or tweet rhetorical questions about “offenders” getting bail). They are familiar with the rule of law & the fundamental values we have afforded Charter protection...
5. It’s the perspective of a “thoughtful person, not one who is prone to emotional reactions, whose knowledge of the circumstances of a case is inaccurate or who disagrees with our society’s fundamental values.” (see: St-Cloud, para 80)...
6. In fact, the SCC has specifically cautioned courts about the dangers of emotional public reactions on social media, often based on inadequate information about the real circumstances of the case (see: St-Cloud, para 82);
7. Which is what makes this tweet by a Chief of Police so utterly reprehensible. Police officers are not lawyers but they are expected to have a working knowledge of the Charter and the rights it protects. Until fairly recently, they represented the Crown at JP bail hearings;
8. As citizens, we expect more from those with power and authority. We expect them to know the law. We expect them to react to court proceedings and their outcomes in a professional manner. We expect them not to take pot shots at judges who cannot defend their decisions publicly;
9. In closing, I hope the Chief will reflect on how rash reactions like whittle away at public confidence in his force. I also hope he seizes this opportunity to brush up on bail law so he can be informed in his commentary going forward.
10. If he asked me (which he hasn’t), I would tell him what I tell my students - Antic is always a great place to start.
