Bailing Out: Bail and the Use of Remand in Canada

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Bailing Out: Bail and the Use of Remand in

CanadaDr. Nicole Marie Myers

University of Ontario Institute of Technology4 October 2013

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Imprisonment Rates (Total, Federal and Provincial) in Canada from

1958 to 2010Total, Federal, and Provincial Adult Imprisonment

Rate per 100,000 Residents

0

20

40

60

80

100

120

140

1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010

Total Rate Federal Rate Provincial Rate

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Provincial Imprisonment Rates (Total, Sentences and Remand) in

Canada from 1978 to 2010Canada: Provincial Imprisonment

0

10

20

30

40

50

60

70

80

1975 1980 1985 1990 1995 2000 2005 2010

Rate

per

100

,000

Res

iden

ts

Provincial Total Provincial Sentenced Remand

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Ontario Provincial Imprisonment Rate per 100,000 Residents 1978-

2010

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Average Remand Counts by Province (2009/2010)

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Percentage of Provincial Counts which are Remand, by Province

(2009/2010)

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Median number of days spent in remand by adults, by selected

provinces and territories, 1999/2000 and 2008/2009

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Admissions of adults to remand, by type of offence, selected provinces 2008/2009

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Total Crime Rate (excluding traffic offences) per 100,000 Residents for Canada and Ontario (1975-

2009)

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Why did this happen?

• Increase in case volume• Increase in case complexity (FTC)• Culture of adjournment• Risk aversion

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Setting people up to fail

• Require supervision • Impose numerous, onerous conditions of release• Questionable relation to allegations/grounds for

detention• Criminalization of non-criminal behaviour• Time to trial• Fail to comply

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Implications

• Presumption of innocence• Presumption of release on bail (least

restrictive)• Bail decision to be made quickly• Responsibilizing private citizens• Shifting locations of punishment