Bail Reform and the Politics of Fear

Conservative leader Pierre Poilievre has been making noise about Canada’s bail laws, labeling them as dangerous and blaming them for rising crime. But this rhetoric lacks the nuance and perspective the issue demands. In this blog, we look at how other liberal democracies like the UK and U.S. states like California are also advancing bail reform to protect constitutional rights and reduce inequity. While public safety is critical, it cannot come at the cost of basic civil liberties. This is an evolving issue that deserves informed policy not political grandstanding. With a future leader like Mark Carney, we can expect a balanced and rational approach. It’s time to move past the fearmongering and focus on real solutions.

 

Lately, I’ve come across a lot of noise from Conservative leader Pierre Poilievre about Canada’s so-called “catch and release” bail laws. He’s been actively criticizing the current system, suggesting that it recklessly releases repeat offenders back onto the streets and puts public safety at risk. It’s a loud, dramatic narrative, and it’s clearly being used as a political tool to stir up fear and frustration. I thought I’d write something to put this issue into context, because while the concern for public safety is valid, the discussion deserves more nuance—and less political theater.

What’s being debated here isn’t unique to Canada. In fact, other liberal democracies like the United Kingdom and the United States have been grappling with the very same questions: how do you balance public safety with the constitutional right to reasonable bail? In the UK, for example, there’s a strong presumption in favor of bail, with a focus on proportional conditions rather than financial requirements. Similarly, in progressive U.S. states like New York and California, reforms have sought to limit pretrial detention for non-violent offenses, precisely to avoid jailing people simply because they’re poor. These systems recognize that the presumption of innocence is a cornerstone of justice, and they’ve taken bold steps to protect it.

Just because a handful of individuals may exploit the system does not mean we throw away the rights of all citizens. Constitutional protections must not be rewritten in moments of panic or politicization. Bail reform is a complicated, evolving issue that requires thoughtful policy, not reactionary soundbites. When Mark Carney becomes Prime Minister, I trust his leadership to approach this issue with the seriousness it deserves. This should not be a wedge issue for political point-scoring. Mr. Poilievre would serve Canadians better by focusing on real, substantive issues instead of exploiting policy debates for applause lines.