Degree

Master of Laws

Program

Law

Supervisor

Christopher J Sherrin

Abstract

The COVID-19 pandemic that began in early 2020 resulted in changes to both the form and content of bail hearings and reviews within Ontario. While the statutory framework contained within sections 515, 520, 525 and 679 of the Criminal Code remained unchanged, practical changes were necessary in order to allow bail matters to occur virtually and safely. Initially, the existence of COVID-19 may have allowed for the release of some accused persons who would not have been let out on bail prior to the pandemic. By early 2021, bail courts appear to have settled into a pattern where the COVID-19 pandemic could be a factor that could lead to release, usually under the tertiary grounds in clause 515(10)(c) of the Criminal Code, for any particular defendant, as long as some medical evidence, specific to that accused, could be presented to the court.

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