The ladder principle sets out a presumption for most bail hearings that an accused ought to be released on the least onerous terms and form of release. We're really looking at subsection 515(2) of the Criminal Code. You will notice that from paragraphs (a) to (e) it progressively gets more restrictive.
As you go down each paragraph, the form of release becomes more restrictive. At paragraph 515(2)(e), there's an automatic condition of a cash deposit as well as an optional surety, and that's available only to accused who reside more than 200 kilometres away or out of province. It's the most restrictive form of release that we have.
We have subsection 515(2.01) of the Criminal Code, which says the starting point is to release on a release order with no conditions. Then, for each more restrictive term that's added to the release order, the prosecutor needs to justify why a more restrictive release is necessary. They really need to link it back to the specific risks that an accused poses.
For example, if we're dealing with someone who might be a flight risk, there are conditions that can be imposed, such as a cash deposit or the deposit of a passport. If someone is at risk of reoffending, there are other conditions that can be imposed to ensure they are following the conditions.