Front Burner

The bail backlash

Mar 20, 2026
Hillary Dudding, a criminal defence lawyer focused on pretrial detention and plea pressure; Nader Hassan, defence counsel who handled a high-profile bail case and critiques political backlash; Mike Murray, former Crown attorney with decades of prosecutorial experience. They discuss how bail decisions are made, political pressure and reform proposals, costs of pretrial detention, and possible impacts of Bill C-14.
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ANECDOTE

Parents Tell Parliament About Daughter Killed After Bail Breaches

  • Ron and Michelle Best told Parliament about their daughter Kelly who died in a three-car pileup involving a driver with active warrants and repeated bail breaches.
  • The driver was granted bail multiple times, sent to an unsecured rehab, walked out, and the parents called the system’s reassurances meaningless.
INSIGHT

Supreme Court Shift Made Release The Default

  • Three Supreme Court cases (Antic, Myers, Zora) and Bill C-75 emphasized that release is favored and restrictive conditions create harmful cycles.
  • The court urged incremental measures before detention and warned against overusing onerous bail conditions as discriminatory.
ANECDOTE

High Stakes Bail Win For Accused In Officer's Death

  • Nader Hassan described defending Umar Zamir, charged with first-degree murder who missed his child's birth while detained, then won bail after a three-day hearing and strong bail plan.
  • Zamir's sister moved from abroad as surety and pledged life savings; public officials then denounced his release.
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