For sure, the conditions have to be reasonable. That's the charter test right now, subsection 11(e), and the Supreme Court of Canada has mentioned it, but proportionate to the gravity of the offence is not something that we find in those decisions. I think it should be part of it.
The two main grounds for detention and for the imposition of conditions are to make sure the person will show up in court and to make sure the person won't be committing another criminal offence, right? In terms of showing up in court, what we found in our study is that often homeless people and street-level or street-involved individuals such as drug had committed very minor offences, but they were released on bail with very strict conditions because they had no address to report to, no guarantee to provide the court they would come back. It seems to me we have to make sure the conditions imposed are proportionate to the gravity of the offence. When the offence is so minor, we have to relax the conditions that we're imposing because we're just setting people up for failure.