To the officials, I was rather shocked to learn that we had to bring this particular amendment because, I guess naively and wrongly, I just naturally assumed that there was some law or some rule that existed that precluded an individual with a record that included indictable offences from qualifying as a surety.
Again, hearkening back to my practice days, if I knew that a surety had a criminal record, I would bring that to the attention of the presiding justice. The justice himself or herself would simply disqualify that person.
Apart from the Criminal Code, is there any other law, policy or anything that currently binds judges across this country...from qualifying a surety with a criminal record without this amendment?