“Broken Bail” in Canada: How We Might Go About Fixing It

8. A Final Word

While the sheer number and seriousness of the current problems with bail in Canada are daunting, the time is ripe for action. First, the continuing decline of overall – and especially violent – crime can be used to argue against our current climate of risk aversion and risk management as well as encourage the implementation of new policies in favour of release. Second, Canada is not alone in facing growing concerns with bail. There is a great deal that we can learn from other nations which are experimenting with various ways of ‘fixing’ the problem. Third, the problems in bail are, in many ways, a reflection of wider problems in the Canadian criminal justice system. As such, intervention at the bail stage may provide not only a useful model for broader change but may, in and of itself, reduce problems in other parts of the criminal justice system (e.g., overcrowding issues in correctional facilities). Fourth, other nations are becoming increasingly disenchanted with the generalized ratcheting up of responses to crime/criminals/accused persons as costs soar without a demonstrable increase in public safety. Canadians can draw upon these examples in order to avoid making the same mistakes. Fifth, Canada already has a number of its own success stories in terms of reducing the recourse to prison without experiencing any obvious detrimental effects to public safety. Such examples can be used to justify change in the same direction. Sixth, Canadians have a long history of restraint in the use of imprisonment as well as the values and attitudes (e.g., communitarianism, non- violence, compassion) underlying this criminal justice approach. We have frequently considered these attributes to be an important part of what has historically distinguished us from our closest neighbours. And finally, Canadians have shown themselves to be reasonable and thoughtful when educated about the facts. Indeed, public education of criminal justice matters has been shown – on multiple issues – to be effective in gaining support.