When are you considered a flight risk?

When are you considered a flight risk?

Bail is the cornerstone of Canadian criminal jurisprudence, emphasizing individual rights while allowing the court reasonable discretion in exceptional circumstances. Understanding how bail functions in Canada is crucial, with its denial contingent on specific considerations. Let’s explore the dynamics of bail and when someone is considered a flight risk by the court.

When are you considered a flight risk?

Consideration as a flight risk involves assessing various factors crucial to the accused’s likelihood of appearing in court. One significant factor is community ties; if the accused has strong connections, such as family, employment, or property, they are less likely to flee. Another critical aspect is prior court attendance; if the accused has a history of attending court proceedings as required, it signifies a lower flight risk. 

Moreover, the court also evaluates the potential risks associated with the accused not appearing in court, including the severity of the charges, previous convictions, and the availability of escape routes. These factors collectively contribute to determining whether an individual is perceived as a flight risk.

What are other reasons for bail denial in Canada?

Bail denial in Canada is an exception rather than a rule, guided by factors outlined in Section 515 of the Criminal Code. In Canada, while bail is generally considered a right, certain exceptional circumstances, as outlined below, may lead to bail denial. 

  • Bail may be denied if there is a significant risk that the accused won’t appear in court as required, considering ties to the community or prior failures to attend court.
  • Denial may occur if the accused poses a substantial risk to public safety, including the likelihood of committing further crimes if released.
  • For serious offences, especially those involving violence or terrorism, bail may be denied to maintain public confidence in the justice system.
  • A history of previous convictions or breaches of bail conditions may lead to denial, preventing further criminal activity.
  • Bail may be denied if there’s a credible concern that the accused may intimidate or interfere with witnesses or victims, safeguarding the legal process’s integrity.
  • If the court believes the accused won’t comply with bail conditions, such as reporting requirements, bail may be denied.
  • Bail may be denied if there’s a high probability of the accused committing further offences while on bail.

Do you have a right not to be detained in Canada?

Section 11(e) of the Canadian Charter of Rights and Freedoms plays a pivotal role in safeguarding the rights of accused individuals during the pre-trial stage. This constitutional provision comprises two fundamental components aimed at protecting the accused’s liberty and presumption of innocence.

  • Right to reasonable bail terms: The first component guarantees the accused the right to reasonable bail terms, encompassing the monetary aspect and any additional conditions imposed. The term “bail” is interpreted broadly, covering a spectrum of judicial interim release forms. This inclusive interpretation ensures that accused individuals are not unjustly burdened with conditions that go beyond what is reasonable. The principle here is rooted in the idea that the release of accused persons should be the norm, and conditions should be fair and proportionate.
  • Right not to be denied bail without just cause: The second component of Section 11(e) emphasizes the right not to be denied bail without just cause. This means that the court cannot automatically order detention; rather, there must be a justifiable reason to deny bail. It underscores the fundamental entitlement of individuals to be granted reasonable bail unless there is just cause to do otherwise.

If you or a loved one is grappling with the complexities of bail denial or facing the prospect of being labelled a flight risk in Canada, you don’t have to face it alone. At Shory Law, we understand the anxiety and uncertainty that legal challenges bring. Our dedicated team of criminal defence lawyers are here to offer personalized guidance.

We are committed to protecting your rights, advocating for your best interests, and ensuring you navigate the legal process with confidence. Your peace of mind is our priority. Reach out to Shory Law at 403-216-1199 for a free, personalized legal consultation. 

Leave a Reply

Your email address will not be published. Required fields are marked *