Factum to Supreme Court of Canada: R v Zora

In December 2019, Pivot is intervening in the precedent setting case of R v Zora, an important case with far-reaching impacts on the people we serve. 

At the heart of this case is how the courts treat breaches of bail conditions; can prosecutors use a low “reasonable person” standard to convict people, or is the Crown held to a higher, individualized standard that takes into account an accused person’s lived experience?

We believe that the Crown needs to be held to a high threshold to convict people for breaches of bail conditions. We argue that a low standard offends the Charter values of liberty and equality, resulting in an increased rate of conviction and disproportionately punitive outcomes for people who are already over-criminalized. This means poor and racialized communities, who are consistently over-policed and over-incarcerated, are further marginalized.

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Using the law as a catalyst for positive social change, Pivot Legal Society works to improve the lives of marginalized communities.