Bail Myths, Real Fixes

Legally Speaking with Michael Mulligan

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17d ago 21:59

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Think “bail reform” will clean up street disorder? We take a hard look at what Bill C‑14 really changes and why it targets the wrong problem. From the presumption of innocence to the right to remain silent, we trace how symbolic tweaks and reverse onus proposals collide with Charter protections while doing little to speed justice or improve safety. If the true bottleneck is time to trial, then the fixes live in courtrooms, staffing, treatment, and housing—not in performative reminders to judges about conditions they already use.
We map the actual bail framework: primary grounds to ensure appearance in court, secondary grounds to protect the public, and tertiary grounds to maintain confidence when the case is overwhelming. Then we examine the principle of restraint, a constitutional guardrail that forbids using bail as punishment or a shortcut to rehabilitation. Along the way, we challenge the idea that adding factors like “outstanding charges” will move the needle when judges already account for risk and record. Tough talk can’t replace trial capacity, and piling on conditions cannot stand in for a system that’s too slow to deliver verdicts.
The conversation shifts to life‑or‑death stakes with the Good Samaritan Drug Overdose Act and the Supreme Court of Canada’s ruling in Wilson. Parliament’s aim was direct: remove the fear of possession charges when someone calls 911 and stays to help, so more people survive overdoses. The Court agreed that immunity from being charged or convicted necessarily blocks arrests for possession in that context, preventing end‑runs that chill emergency calls. Police still have tools for other offences when grounds exist, but they can’t use possession as a pretext at overdose scenes. It’s a decision that aligns law with public health and trust.
If you want a justice system that is fair and effective, this episode offers a clear roadmap: defend core rights, invest in speed and capacity, and design laws that solve real problems. Listen, share with a friend who cares about public safety and civil liberties, and leave a review to keep these conversations moving forward.

Follow this link for a transcript of the show and links to the cases discussed.

Chapters

1. Bail Reform Or Political Theatre (00:00:00)

2. Presumption Of Innocence And Charter Rights (00:02:15)

3. Reverse Onus And Its Tensions (00:05:20)

4. Grounds For Detention And Judicial Discretion (00:08:50)

5. Principle Of Restraint Versus Punitive Bail (00:12:05)

6. The Real Bottleneck: Justice System Resources (00:15:20)

7. Good Samaritan Overdose Immunity Explained (00:18:10)

8. Supreme Court Ruling In Wilson (00:21:30)

280 episodes

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