The Supreme Court has interpreted the charter as requiring restraint at the bail stage, since bail is about imposing restrictions on people, on the liberty of individuals who are still presumed innocent. The changes in this bill aim to provide clear direction to police and courts in applying the principle of restraint.
For example, as I mentioned, the bill specifies that early release should not be favoured over detention when someone is in a reverse onus situation. There would be further direction provided to police to not release an accused person under certain circumstances, including for public safety. Police, when they're deciding whether or not to release or detain someone, need to look at whether there's the need to establish the identity of the accused, the need to secure or preserve evidence, the need to prevent reoffending or the need to protect the safety and security of any witness. The bill would direct police, and if any of those circumstances apply, they will have to detain an accused person. A direction will also be provided to bail courts to not release accused persons who are a flight risk, who are a danger to public safety or whose release would undermine confidence in the administration of justice.