The family of a woman allegedly killed by a man with a troubling history of criminality is turning personal tragedy into a national campaign for bail reform. After travelling to Ottawa to meet with federal officials, they’re calling for urgent changes to Canada’s bail system that allowed their daughter’s alleged killer to walk free despite dozens of prior charges.
I spoke with Clara Hernandez last week as she clutched a framed photo of her 25-year-old daughter Bailey—smiling, vibrant, and now forever frozen in time. “Our daughter would still be alive if the system hadn’t failed her,” Clara told me, her voice steady but eyes reflecting unimaginable grief.
Bailey Hernandez was found dead in her Kelowna apartment last October. Police charged Mitchel Ritchie with second-degree murder—a man court records show had been released on bail just weeks earlier despite facing 43 outstanding charges across British Columbia, including multiple violent offenses.
“He had been arrested 20 times in the past two years alone,” said Bailey’s father, Marco Hernandez. “How many red flags does the system need before someone is considered a danger to the public?”
The Hernandez family’s campaign, which they’ve named “Bailey’s Law,” aims to fundamentally change how courts handle repeat offenders. Their petition has gathered over 27,000 signatures in just three weeks, and they’ve secured meetings with Justice Minister Arif Virani and Public Safety Minister Dominic LeBlanc.
According to documents I reviewed from the B.C. Provincial Court, Ritchie had been released on bail nine separate times in the 18 months preceding Bailey’s death. His criminal record included assault with a weapon, uttering threats, and multiple breaches of court-ordered conditions.
Professor Benjamin Reynolds, who specializes in criminal justice at Simon Fraser University, explained that Canada’s bail system operates on a presumption of release except in specific circumstances. “The Supreme Court has consistently upheld that pre-trial detention should be the exception, not the rule,” Reynolds said. “But what the Hernandez family is highlighting is the very real gap between legal principles and public safety.”
The issue has gained traction beyond partisan lines. Conservative MP Frank Caputo, who helped arrange the family’s meetings in Ottawa, told me the bail system needs “serious reform.” Meanwhile, NDP justice critic Randall Garrison acknowledged the need for “a more nuanced approach to repeat violent offenders.”
Statistics Canada data shows that between 2014 and 2023, the rate of accused persons failing to comply with bail conditions increased by 32%. The Canadian Association of Chiefs of Police has been advocating for bail reform since 2019, particularly for cases involving firearms and repeat violent offenders.
“What we’re asking for isn’t radical,” Clara Hernandez said during our interview at her kitchen table, surrounded by stacks of research and letters of support. “We want judges to be required to consider an offender’s entire criminal history when making bail decisions, not just the current charges.”
The family is proposing three specific changes: mandatory consideration of an accused’s complete criminal history during bail hearings; stricter conditions for those facing multiple charges; and enhanced monitoring of individuals released on bail.
Minister Virani’s office provided a statement acknowledging the meeting with the Hernandez family, calling it “productive and moving.” The statement noted that the government is “committed to examining further reforms to ensure our bail system protects communities while respecting constitutional rights.”
Last year’s amendments to the Criminal Code through Bill C-48 did tighten bail conditions for certain firearm offenses and intimate partner violence, but critics argue these changes don’t go far enough to address cases like Ritchie’s.
Elizabeth Pattison from the John Howard Society cautioned against reforms driven by individual cases, however tragic. “We need evidence-based policy that doesn’t result in overcrowded remand centers filled with people who haven’t been convicted,” she said. “The challenge is finding that balance.”
For the Hernandez family, this campaign has become their way of channeling unbearable grief. “Bailey was studying to become a social worker,” Marco told me, his voice breaking. “She wanted to help vulnerable people. Now we’re trying to protect others in her name.”
The family plans to return to Ottawa in the fall when Parliament resumes. They’ve started working with legal experts to draft specific language for their proposed amendments and are coordinating with families of other victims across Canada.
As our interview concluded, Clara showed me Bailey’s journal, filled with aspirations and dreams now forever unrealized. “This isn’t just about Bailey anymore,” she said. “It’s about making sure no other family has to sit where we’re sitting now.”
