Where is Boba?
Bounty hunters occupy a unique space in our cultural landscape - from Dog the Bounty Hunter to Boba Fett from Star Wars, these modern day privateers capture our imaginations.
A trip down most Interstate highways in the US will treat you to a plethora of billboards touting the benefits of various bail bondsmen (bondspeople but that sounds like a curling event).
Why don't we ever see or hear about bail bondsmen and Bounty hunters in Canada?
Well, for starters, cash bail is a rarity in Canada. A deposit of bail can only be required when an accused lives far away from the location where the charges are to be heard, where an accused has significant ties to another country or in other very limited circumstances.
No one needs to borrow money to make bail in Canada... therefore no bail bonds and no bonspiels.
Instead, the Court examines whether the three public safety grounds set out in the Criminal Code can be met, and, if necessary, imposes conditions of bail in the form of a Recognizance.
The primary ground is whether the Accused will return to Court and if the Court process can proceed without interference if the Accused is released. Conditions relating to the primary ground can include: a requirement to deposit immigration or travel documents with the police, a requirement to reside at a particular location or to report an address to the police and/or sign in at the police station. Conditions preventing an Accused from communicating with a witness or co-accused can also relate to primary ground concerns.
The secondary ground is whether keeping an Accused in custody until their trial is necessary to prevent a continuation of the offence or another offence from being committed by the Accused while on bail.
A wide variety of conditions relating to the substance of the allegations can be imposed by the Court in relation to the secondary ground including geographic restrictions, curfews, abstention from alcohol or drugs or gambling, the requirement that the bail be supervised by a surety or a bail supervision program, restrictions on owning weapons or operating a motor vehicle - and even house arrest.
The tertiary ground the Court considers is whether the release of the Accused on bail would be so unreasonable and shocking to a reasonably informed member of the community that it would bring the justice system into disrepute. This is an uncommon reason for someone to be denied bail.
An Accused is asked to agree to these conditions and sometimes pledges an amount of money as security against those promises. An accused who is convicted of breaching a bail condition is likely to serve a jail sentence as a result.
Sometimes a Court requires additional supervision in the form of a surety. This is a responsible adult (usually without a Criminal record) who agrees to report any breaches of the Recognizance to the police, knowing that will result in the arrest of the accused. This agreement is usually also secured by a no deposit pledge of bail. An Accused can be required to live with the surety and must follow the house rules of their surety.
Although we don't have Bounty hunters in Canada, we do have safer communities thanks in no small part to the law-abiding families, friends and employers who inconvenience themselves by volunteering to be sureties. Our system is more fair, more efficient, and less costly due to their willingness to supervise bail conditions.