THE FOLLOWING ARTICLE HAS APPEARED IN THE RECORD ON July 16, 2003

The 411 on bail bonding
and bounty hunting


When comparing our justice system to that of the United States, few distinctions stand out as much as our laws on bondsmen and bounty hunting. While in Canada the practice of bail bonding an accused for a fee is a crime, south of the border it is both legal and a lucrative business. So is bounty hunting, which is the business of finding and apprehending fugitives?

Canada is not the only country where bounty hunting is illegal. Consider the recent case of Andrew Luster, the great-grandson of makeup legend Max Factor. When the scruffy looking bounty hunter, who goes by the name of Dog, recently captured him in Mexico he was aiming to collect a finder's fee. Luster had disappeared during a recess in his trial on charges of rape, and in doing so skipped $1 million US bail. The California court went on to sentence him in his absence to 124 years for multiple counts of rape, poisoning and drug possession. While Luster was handed over to the FBI, Dog and his colleagues were charged in Mexico where bounty hunting is treated as kidnapping.

Backtracking to the 1800's

Mention the words, "bounty hunter" in a conversation and the likelihood is that you will provoke the image of a gunslinger from the days of the wild west, with a Colt .45 strapped around his waist. Bounty hunters served a useful purpose in the 19th century when the western border between the U.S. and Canada was unguarded, and it was easy for fugitives to slip back and forth. In those days, bounty hunters were more than tolerated, largely because law enforcement personnel were few and far between. Rewards ranging between $100 and $300 provided a sufficient incentive to seek out, capture and even kill dangerous fugitives.

One important distinction existed on our side of the border. Because of our laws, a Canadian fugitive had to be turned in alive, tried and found guilty before a reward could be paid.

Much has changed when it comes to hunting down dangerous fugitives on wanted posters. Not only are some rewards extremely lucrative, but also today all that is required is information leading to their capture and conviction. The FBI Top 10 Most Wanted Web site details the wanted fugitives with rewards ranging from $1,000 to $60,000. The Canadian Crime Stoppers programs alone have paid out millions in rewards through the operation of anonymous tips lines.

The rates for terrorists are much higher. Three years ago, the U.S. government offered a $5 million reward for information leading to the arrest of Osama bin Laden. Last year, it was increased to $25 million. Two weeks ago the same amount was offered for information leading to the arrest of Saddam Hussein. As for his two sons, the reward is now $15 million.

Bail bondsmen in the U.S.

Nowadays, bounty hunters are almost always agents for bail bondsmen. They make their money by hunting down defendants who jump bail. As for those states, which allow the practice, the requirements are often minimal. The candidates must be at least 21 years of age, complete a two to three-day training program, get bonded and obtain a state license. It is precisely because of their lack of proper training and "cowboy" image that makes the public so critical. Most bail bondsmen work for an insurance agency that underwrites bail bonds. By providing a bail bond the bondsman guarantees the court that when an accused leaves jail he will show up for his trial. Since it is not unusual for a judge to set bail at $50,000, a bondsman can stand to lose a large amount if and when accused fails to show up.

In providing bail, the bail bondsman usually charges the accused a 10 per cent fee based on the value of the bond. As part of the arrangement, the accused must agree to his re-arrest by the bondsman in the event he jumps bail. When the accused skips on his bond the bondsman has only two choices: locate him, or pay out the face amount of the bail bond to the court.

As for the delay to pay, it can vary from one month to two years, depending upon the state in which the bail bondsman operates. When the time limit for returning the accused to the court approaches, and the police are no closer to arresting him, the bondsman will call for the services of a bounty hunter.

Bounty fees

According to the literature, finder fees for bounty hunters vary according to the bond's amount and the difficulty of each case. Most cases are worked strictly on a contingency basis, which means that the bounty is not paid until the fugitive is found and rearrested. It is only the most able bounty hunters who work on a retainer basis, and most of them happen to be private detectives. While it is not cut and dry, a $50,000 bond "skip" can bring in a finder's fee as high as $10,000. Successful bounty hunters or bail investigators, as they are sometimes called, are said to earn more than $100,000 per year, while part-timers or "weekenders " earn in the $25,000 range.

Canada makes it a crime

By the early 1900's, bounty hunting disappeared from the Canadian scene. Today, it no longer holds any legal status. The fact that our courts very rarely require cash deposits before releasing an accused on bail is not the only explanation. The main reason is that our Criminal Code prohibits any person who puts up a cash bail on behalf of an accused to demand or accept a fee. In fact, it is not only illegal, but article 139 of the Criminal Code assimilates the practice to obstructing justice. The difference in Canada is that bail is regarded as a personal obligation to be undertaken by the surety towards the court. A surety is someone who is expected to know the accused well enough to assure the court that he will live up to the conditions that are imposed. It is believed that such a relationship would be lost if the surety was in the business of providing bail for profit. Besides, our courts do not wish to appear as if they were looking to make money from the bail process. Since we have no need for bail bondsmen, we consequently have no use for bounty hunters. Mind you, we still have the rewards on wanted posters, and perhaps the dreams of earning a few million in book and movie rights.