SCC decision will result in more jailed before convicted

A recent Supreme Court of Canada decision — as well as Ottawa's tough-on-crime agenda — will result in more people spending time behind bars before they have been convicted of a crime, Toronto criminal lawyer Joseph Neuberger tells SiriusXM radio’s What She Said! ... To Read More

“In terms of an offence, you are presumed innocent and you have the Constitutional right to bail — the problem is that it’s getting a little tougher as we go along with the tough-on-crime policy,” he tells the radio show.

Joining hosts Kate Wheeler, Sharon Caddy and Christine Bentley, Neuberger says a recent Supreme Court of Canada case, R. v. St-Cloud [2015] S.C.J. No. 27, will make it more difficult for some accused people to be released on bail by expanding one of grounds on which someone can be held in custody.

“It’s not just for special cases or heinous cases and it can be used on its own, irregardless of the other grounds that can be used to detain somebody,” he says.

Neuberger, partner at Neuberger & Partners LLP, says he is concerned that the expanded ground may lead to more people being held in custody and more pleading guilty when they aren’t guilty.

“It can have a deleterious effect on people who are suffering from mental illness,” he says.

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