416-807-4477
24/7 FREE
Available
Available 24/7 FREE
416-807-4477
Summarize this article with AI

COVID-19 and Bail

Summarize this article with AI

A few months ago, stories began appearing in the news about the influx of criminals being released due to the possible spread of the COVID-19 in correctional institutions. Concern and fear were expressed that violent offenders would be roaming the streets with the unfettered ability to commit more crimes. From these stories, it would seem that veritable bogeymen are now free to do whatever they want. Frankly, this fear is unwarranted and these concerns are overblown. This thinking misunderstands the principles of bail as well as how the justice and corrections systems function—and how they should respond to a global pandemic.

Over the last six months, everyone has been affected by COVID-19 in some way. It has changed our daily lives. The justice system has also had to adapt to this new reality. That, however, does not mean that judicial officials are now playing fast and loose with the safety of victims and the community. The system dictates that justices of the peace and judges must follow procedures that have been set in place. They also must provide cogent reasons for their decisions. If they believe that an individual is a true threat to the public, and a bail plan that can diffuse the threat is not available, then it is the presiding justice’s duty to deny bail. No matter how much COVID-19 has changed things, this duty has not been altered in any way.  What has also not changed is that this duty must be balanced with an individual’s right to reasonable bail. This right is guaranteed by the Canadian Charter of Rights and Freedoms under section 11(e). The evaluation of reasonableness also includes the actual granting of bail itself. If there is reason to believe that an accused individual will follow the conditions of their release and there is no pressing reason as to why they should remain in custody, they must be given bail. It is categorically wrong to think that COVID-19 has turned the bail system into a free for all.

It is also important to remember that every person charged with an offence is presumed to be innocent. As with the principle of reasonable bail, this presumption is also enshrined in the Charter under section 11(d). You must ask yourself whether it is in the accused’s interest, the public’s interest, and in the administration of justice’s interest to take the freedom away from someone who has not been convicted of any crime and confine them to a place that is likely to be a breeding ground for the virus during a global health crisis. Recall the old adage: It is better to have ten guilty people go free than let one innocent person suffer. It has been clear for centuries that negating the presumption of innocence can have detrimental effects on a good day, let alone during a pandemic.

Now, turning to offenders who have already been sentenced, the provincial and federal governments announced that they would be releasing low-risk (read: non-violent) offenders who were nearing the end of their sentences in order to combat the spread of COVID-19. Those convicted of violent crimes would not be considered for early release. While the population has decreased in provincial jails since March, it is most likely due to a number of factors—not simply COVID-19-specific releases. One report from April stated that only ten low-risk offenders had been released using this new mechanism. Although initial reports said that hundreds of inmates had been released from federal penitentiaries, it turns out that figure represented the number of individuals released overall; once again, not specifically due to COVID-19. In fact, it appears that the number of individuals released was on par with the previous year. As one can see, it is definitely not the dystopian situation that has been painted by some.

Even if there had been far more offenders released as a result of the pandemic, it would still not be a nightmarish scenario. The majority of the population will luckily never have to set foot in a jail. Many will never know what it is like to be incarcerated. Correctional institutions often suffer from overcrowding and lack basic sanitation; they represent the perfect storm for transmission of a virus that can be deadly. A sentence for a non-violent offence should not be a death sentence. In fact, most of the individuals housed in provincial jails are not even serving a sentence. Furthermore, correctional officers and individuals serving intermittent sentences or who are on day parole move between facilities and the outside world thus presenting a far greater threat to the broader public than the minimal chance of reoffending. Coming up with ways in which to lower the population in correctional facilities during a dire public health crisis should be applauded, not vilified. We need to have realistic conversations about these issues without the hyperbole and hysteria.

5/5 - (3 votes)

Associations and Memberships

What our clients say about us

Client reviews and rating – Vilkhov Law
5.0
Based on 185 reviews from Google
Posted on Google Google
Bovi House profile picture
Bovi House
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I am very grateful for Igor Vilkhov guidance and support throughout my case. Their professionalism, knowledge, and responsiveness made a difficult situation much easier to navigate. I highly recommend their services to anyone needing a skilled and trustworthy lawyer.
Posted on Google Google
Adam Marshall profile picture
Adam Marshall
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Attempted murder and 7 gun charges. Igor got every single charge withdrawn. Needless to say I was innocent. Don't expect him to hold your hand the whole time, but the results speak for itself. Highly recommend him. Thank you Igor and the team for your service.
Posted on Google Google
Junaid Qureshi profile picture
Junaid Qureshi
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I am extremely grateful to Igor and his team, especially Daniel and Ecem, for everything they did for me during one of the most difficult periods of my life. I was facing very serious charges, and the legal process lasted nearly four years. It was an incredibly stressful and painful journey, but they stood by me every step of the way. Igor, as the lead lawyer, demonstrated exceptional professionalism, confidence, and deep knowledge of the law. From the very beginning, he was strategic, honest, and fully committed to defending me. Daniel and Ecem were also outstanding — handling communication, paperwork, court appearances, transfers, and ensuring I was always informed and prepared. Thanks to their hard work, dedication, and persistence, all of the serious charges against me were eventually withdrawn. That outcome changed my life, and I truly believe it would not have been possible without their relentless effort and expertise. Throughout those four years, they treated me with respect, dignity, and understanding. They gave me reassurance during moments of uncertainty and never made me feel alone in the process. I highly recommend Igor and his team to anyone in need of strong, reliable, and genuinely caring legal representation. I will always be thankful for what they did for me.
Posted on Google Google
M A profile picture
M A
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
A family member of mine was going through a court case. We as a family have never dealt with anything of the sorts. We found Igor through a website of top ten lawyers in GTA and thank God for that. The process was stressful and took a while, but he made my family member calm and confident through it all. I would highly recommend Igor. He’s solid.
Posted on Google Google
Cindy Salazar Blanco profile picture
Cindy Salazar Blanco
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
My son was facing an extremely serious charge that could’ve ruined his future. Igor and his team handled the matter so well that my son walked away a free man. I honestly can’t thank him enough for his very very hard work. All the way from Orillia. Thank you Igor!!!
Posted on Google Google
Popov profile picture
Popov
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I express my deep gratitude to Igor Vilkhov for his work on my case. He did a great job and achieved a fair outcome and the dismissal of all charges against me. Igor was in constant contact, kept me informed of every step, and was ready to answer any questions I had. I can confidently recommend him as an excellent specialist in his field.
Posted on Google Google
Karen Ma profile picture
Karen Ma
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
An exceptional criminal defense lawyer with strong legal expertise, sharp judgment, and unwavering professionalism consistently delivering reliable and effective representation for clients.
Posted on Google Google
Keilan Salazar profile picture
Keilan Salazar
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Igor vilkhov was the best lawyer I could ever ask for. he helped me so much. He is the best lawyer a person could have and I am so grateful and thankful how he helped me and changed my life
Posted on Google Google
Ryan Konopud profile picture
Ryan Konopud
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I found myself in a VERY unfamiliar and uncomfortable situation. I spoke briefly with Igor on the phone, and he was candid, factual, and completely selfless in both his listening and the advice he gave. He's a straight shooter, and I could tell right away he knows his stuff—this is someone who's been there and seen it all. He wasn't afraid to speak the hard truths that were most helpful to me, which I very much appreciated! There was also no pressure to hire or any mention of fees, which was refreshing to say the least. His colleague Michael was also very patient and kind during the process. I'd highly recommend Mr. Vilkhov (Vilkhov Law in Toronto) to anyone needing honest, experienced guidance on a criminal matter. Dude is a gentleman and a scholar. You're safe with him. Cheers!
Posted on Google Google
Ervin sdfs profile picture
Ervin sdfs
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Excellent service. Got my charges dropped.

Latest News & Events

Is There a Statute of Limitations on Criminal Charges in Canada

Is There a Statute of Limitations on Criminal Charges in Canada

Read More
First-Degree Murder vs Second-Degree Murder vs Manslaughter in Canada: Key Differences and Sentences

First-Degree Murder vs Second-Degree Murder vs Manslaughter in Canada: Key Differences and Sentences

Read More
Sexual Assault Penalties Under Section 271 (CC 271) of the Criminal Code

Sexual Assault Penalties Under Section 271 (CC 271) of the Criminal Code

Read More
Contact Igor Vilkhov – criminal defence lawyer

Contact Us

Address
121 Richmond Street West Suite 1100
Toronto, ON M5H 2K1
Phone
Toll Free
Fax
(416) 864-0192
“Caring, honest, and highly
knowledgeable.”