Justice Rosalie Abella is correct in disagreeing with her supreme Court colleagues on the bail ruling. It does indeed constitute "a profound interference with the open court principle."
But it's not just the restriction on media coverage that' wrong, the granting of bail as currently practiced is also wrong. When the courts feel that accused persons will show up for their trials, they should be released on their own recognizance. On the other hand, when the courts believe the accused might not show up for trial, or that he/she might pose a threat to society, they should be held in a detention centre for suspects, and that is precisely what they are, until proved innocent or guilty.
A suspect in detention would be allowed many privileges that are denied jailed suspects. While a court should be allowed to impose fines for certain offences, they should not be set sums, but rather based on income, and to be paid over time if necessary. Under no circumstances should the court give anyone a choice between posting bail, i.e., paying a bribe for one's temporary freedom. Justice Abella sounds like the type of person to start the wheels turning on both bail reform and restoring media rights.
William Bedford
CFP “Poet in Residence” William Bedford was born in Dublin, Ireland, but has lived in Toronto for most of his life. His poems and articles have been published in many Canadian journals and in some American publications.
