11(e) Shattered: The Historic and Continued Breaching of Indigenous Persons Right to Reasonable and Timely Bail

Abstract

. 11(e) of the Charter states that “any person charged with an offence has the right not to be denied reasonable bail without just cause.” Canada's bail provisions and bail system have historically created barriers to Indigenous peoples accessing reasonable bail in Canada. Recent changes in the bail provisions have attempted to address some of these issues. However, recent jurisprudence has demonstrated that the access to justice issue regarding reasonable bail in Manitoba for Indigenous persons is deep-rooted and multifaceted. This paper will look at the historical access to justice issues regarding reasonable bail for Indigenous peoples, the current attempts to address this issue, and the challenges that still need to be addressed.