When a person has been charged with a criminal offence, to be released on bail, they may need one or more people to act as their surety. A surety pledges an amount of money that they forfeit if the person they are surety for does not comply with their bail conditions. The idea is that […]

Drinking too much while caring for children creates an obvious risk of abuse or neglect. It can lead to a parent losing custody and seeing their children only while supervised.  Because the stakes are so high and because it can be so difficult to prove or disprove whether a parent really does drink to the […]

Since 2010, about 30 people facing criminal charges involving alcohol have achieved a better outcome by participating in RSC’s continuous alcohol monitoring programs. These cases have involved diverse factual situations and charges ranging from repeated instances of mischief to impaired driving causing death to murder. We believe there are many more cases in Canada where […]

The provinces and federal government operate a mixed bag of electronic monitoring programs. The programs vary in significant respects. First, let’s summarize which governments operate programs, what type of monitoring they use and whether the monitoring is used pre-conviction, post-conviction, or both.   Government Programs “GPS” refers to an ankle bracelet system that uses the […]

Electronic monitoring has long been a fixture in the U.S. justice system, where tens of thousands of accused criminals wear GPS-monitoring bracelets — not just celebrities such as Weinstein. But GPS monitoring is also becoming more common in Canada, with growing acceptance by judges and justices of the peace that the devices can be another […]

The electronic bracelet to monitor violent ex-spouses is used in several countries, including France, which has just officially adopted it this week, but the practice is still in its infancy in Quebec. https://www.journaldemontreal.com/2019/12/21/le-bracelet-electronique-peu-utilise

While GPS monitoring has become an accepted part of the bail system, it’s important to weigh everything before deciding whether and when to propose it.Case law has established the ladder principle, which is that the conditions imposed as part of a bail should be the least onerous ones necessary to meet the legal tests. At [...]

Electronic monitoring has become a common consideration during bail hearings, but there are still some misconceptions about its use. Myth 1​: Electronic monitoring is only available through government-run programs. There is now abundant case law applicable across Canada establishing that accused persons can take the initiative to propose, as part of their bail plan, that […]

Electronic monitoring is an important factor that courts consider when deciding whether to grant bail to a person who might otherwise be detained. When someone knows that their compliance is monitored 24/7, it changes the calculus. If the wearer knows that violations will be detected and reported to the police, a person — who might […]