What entitlement does an accused have regarding bail under judicial interim release?

An accused individual has a presumptive entitlement to bail under judicial interim release, which means that bail should generally be granted unless there are compelling reasons to deny it. The principle behind this entitlement is rooted in the presumption of innocence, which is a fundamental aspect of criminal law. This principle suggests that an individual should not be deprived of their liberty before a trial if they are considered innocent until proven guilty.

In addition, the Criminal Code of Canada outlines specific circumstances under which an accused can be denied bail, such as when there's a significant risk that they will flee, commit a crime, or interfere with the administration of justice. However, the default stance is that individuals should be released on bail while awaiting trial, recognizing the importance of allowing them to maintain their freedom, support their defense, and continue their daily lives, provided it is safe and appropriate to do so.

The other options reflect misconceptions about the bail process. For instance, suggesting that bail is solely at a judge's discretion overlooks the framework that supports presumption of entitlement, while stating it is only available for minor offenses does not accurately capture the broader application of bail across various types of charges. Additionally, the requirement for a surety is not absolute; while it can be a condition of bail,