What is the impact of section 515(10)(c) of the Criminal Code of Canada on public confidence in the bail system?
British Columbia, Canada
The following excerpt is from R. v. Bhullar, 2005 BCCA 409 (CanLII):
Public confidence is essential to the proper functioning of the bail system and the justice system as a whole: see Valente v. The Queen, 1985 CanLII 25 (SCC), [1985] 2 S.C.R. 673, at p. 689. Indeed, public confidence and the integrity of the rule of law are inextricably intertwined. As Hall J.A. stated in MacDougal, supra, at p. 48: To sustain the rule of law, a core value of our society, it is necessary to maintain public respect for the law and the courts. A law that is not broadly acceptable to most members of society will usually fall into desuetude: witness the unhappy prohibition experiment in the United States. Courts must be careful not to pander to public opinion or to take account of only the overly excitable, but I believe that to fail to have regard to the provisions of s. 515(10)(c) in the relatively rare cases where it can properly be invoked would tend to work against maintaining broad public confidence in the way justice is administered in this country. [Emphasis in original.]
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