Thursday, October 1, 2015

Bail is not jail

R v Ijam, 2007 ONCA 597, [2007] O.J. No. 3395, at paras. 36-37:

Fourth, I do not accept the proposition that bail, even with stringent conditions, and pre-trial custody are to be regarded as equivalents in every case. Put bluntly, bail is not jail. Bail is what an accused person desires to stay out of jail. That is because, at a practical, common sense
level known to all accused persons, the pith and substance of bail is liberty, whereas the essence of jail is a profound loss of liberty.

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