DEPOPULATING OUR JAILS

An empty courtroom at 361 University Avenue in Toronto. There isn’t a body of case law to help judges navigate COVID-19, said Daniel Brown, vice-president of the Criminal Lawyers’ Association.

“The virus starts in one person but then can run like wildfire through an entire population. It can then be carried outside of the institution by the staff. That is the nature of a pandemic and of contagion. It can take hold at any time.” However, some Judges are refusing to acknowledge this and require proof of a personal underlying medical condition of age or health before they will consider the effect of COVID-19 on the jail population. J. Harris in Brampton said “Leaving that man in jail would put him in “one of the most dangerous places imaginable” during the pandemic.”

https://www.thestar.com/news/gta/2020/04/09/covid-19-is-revealing-a-momentous-divide-among-ontario-judges-on-whether-to-release-more-accused-people-on-bail.html