1. Title of Resolution:

Right to Reasonable Bail in Canada

2. Estimated cost of implementation to CBA:

(Including the amount of any increase in budget requirements, any potential savings, and the amount of staff time to implement the resolution) Note: National Office staff can assist in calculating implementation cost.

CBA staff time to support related advocacy efforts, such as meetings with government officials and other stakeholders, can be implemented in current budgetary allocation.

3. Contact person who can assist the Board of Directors to implement the Resolution:

Name: Julie Terrien
Firm name: Canadian Bar Association, Ottawa
Telephone: (613) 237-2925
E-mail: juliet@cba.org​

4. Implementation Calendar

(List steps to be taken by the CBA to implement the Resolution and suggested dates for completion of each step)

March/April 2024: Write relevant government departments and other stakeholders.

April/May 2024: Seek meetings with relevant Ministerial and departmental staff to discuss initiatives.

June/July 2024: Annual Criminal Justice Section meeting with Justice Canada with this as a likely topic.

5. Indicator of Success

(The practical result which, if achieved, will show that the Resolution has been successfully implemented by the CBA.)

Government and other stakeholders informed of the CBA’s position and support of these issues.

The CBA is consulted in development policies or actions related to the resolution.

More informed public discourse about the right to reasonable bail.

6. Any information not appearing on the face of the Resolution to inform the deliberations:

(Attach or link to any background papers or other documentation in addition to this form which should be submitted to the Annual Meeting with the Resolution. Attach or link to documentation in both French and English, where it exists in both official languages.)

Recent Criminal Justice Section submissions on bail:

Study of Canada’s Bail System, March 2023

Bill C-48 — Proposed changes to strengthen Canada’s bail system, September 2023

Legislation:

Bill C-48: An Act to amend the Criminal Code (bail reform). Now S.C. 2023, c. 30.

Case law:

R. v. Antic, 2017 SCC 27.

R. v. Myers, 2019 SCC 18.

R. v. Zora, 2020 SCC 14.

7. (i) Person moving Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Kyla Lee
Firm name: Acumen Law, Vancouver
Telephone: (604) 685-8889        
E-mail: kyla@vancouvercriminallaw.com

7. (ii) Person seconding Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Jacqueline Beckles
Firm name: Justice Canada, Ottawa
Telephone: (613) 957-4775    
E-mail: Jacqueline.Beckles@justice.gc.ca

7. (iii) Branch, Section, Committee or Subcommittee sponsoring resolution, if any:

Criminal Justice Section

8. Branches, Sections, Committees or Subcommittees directly affected by implementation of this resolution:

Criminal Justice Section and Committee on Imprisonment and Release, Aboriginal Law Section