R. v. Antic and R. v. Zora: Fair Bail and Reasonable Conditions

R. v. Antic (2017)

Mr. Antic was denied release because the law at the time limited when cash bail could be used, and he couldn't meet the conditions set. The Supreme Court held that part of the law unconstitutional and explained the ladder principle: start at the bottom of the ladder, usually release on an undertaking without conditions, and move up only if the Crown shows the lower step is not enough.

R. v. Zora (2020)

Mr. Zora was on bail with a curfew and a condition that he come to the door if police checked on him. He didn't answer the door on two occasions and was convicted of breaching his conditions. The Supreme Court held that a conviction requires subjective fault: the accused knew the condition and knowingly or recklessly failed to comply. It also warned that unnecessary conditions set people up to fail and fill the courts with breach charges.

If you are on bail

• Get a copy of your release order and read every condition.
• If a condition is unworkable, such as a no-contact order that affects your children's care, ask for a variation through the proper process rather than ignoring it.
• Federal law now requires police and courts to consider the principle of restraint when making release decisions.

Photos from Pexels: A law book beside the scales of justice on a wooden desk · A wooden gavel on a judge's desk.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.