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Results for bail (canada)

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Author: R.A. Malatest & Associates Ltd.

Title: Evaluation of the Bail Reform Pilot Project: Peace Region and Surrey. Final Evaluation Report

Summary: In the fall of 2006, the Provincial Court of British Columbia proposed a number of justice system reforms in an effort to address time delays in the criminal justice system. One of these reforms concerned the bail process, which included changes to bail determination and redefined roles for judicial officers. The Bail Reform Project is jointly sponsored by the Provincial Court and the Ministry of Attorney General, and led by the Criminal Justice Reform Secretariat (CJRS). An important component of the Bail Reform Project was a comprehensive evaluation of the program design, delivery and impacts. R.A. Malatest & Associates Ltd. was commissioned to complete the Evaluation of the Bail Reform Project. This report contains the key findings from this evaluation.

Details: Victoria, BC: R.A. Malatest & Associates, Ltd., 2010. 48p.

Source: Internet Resource: Accessed September 17, 2011 at: http://www.criminaljusticereform.gov.bc.ca/en/justice_reform_projects/bail_reform/docs/brp_evaluation.pdf

Year: 2010

Country: Canada

URL: http://www.criminaljusticereform.gov.bc.ca/en/justice_reform_projects/bail_reform/docs/brp_evaluation.pdf

Shelf Number: 122769

Keywords:
Bail (Canada)
Bail Reform
Criminal Justice Reform
Pretrial Release

Author: Canadian Civil Liberties Association and Education Trust

Title: Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention

Summary: On any given day in 2012/2013, approximately 25,000 people were detained in Canada's provincial jails. Over half of them were in pre-trial custody - legally innocent and waiting for their trial or a determination of their bail. Canada's jails have not always looked like this. The remand rate has nearly tripled in the past 30 years, and 2005 marked the first time in Canadian history that our provincial institutions were primarily being used to detain people prior to any finding of guilt, rather than after they had been convicted and sentenced. While questions remain about what is driving the rise in pre-trial detention, it is clear that it is not a response to increasing crime. Canada's overall crime rate has been declining for at least 20 years. The violent crime rate is at its lowest rate since 1987. In 2012, property offences and other non-violent Criminal Code offences, such as breaching court orders or mischief, accounted for four-fifths (79%) of police-reported crime. The law governing bail aims to safeguard individual liberty, the presumption of innocence and the right to a fair trial by putting in place a strong presumption of release and only imposing restrictions on liberty or detaining a person where absolutely necessary. Not only does the Canadian Charter of Rights and Freedoms ("the Charter") guarantee our right to liberty, but it specifically enshrines a constitutional right to reasonable bail. In many courts across the country, however, the bail system is operating in a manner that is contrary to the spirit - and, at times, the letter - of the law. Legally innocent individuals are processed through a bail system that is chaotic and unnecessarily risk-averse and that disproportionately penalizes - and frequently criminalizes - poverty, addiction and mental illness. Canadian bail courts regularly impose abstinence requirements on those addicted to alcohol or drugs, residency conditions on the homeless, strict check-in requirements in difficult to access locations, no-contact conditions between family members, and rigid curfews that interfere with employment and daily life. Numerous and restrictive conditions, imposed for considerable periods of time, are setting people up to fail - and failing to comply with a bail condition is a criminal offence, even if the underlying behaviour is not otherwise a crime.

Details: Toronto: Canadian Civil Liberties Association, 2014. 111p.

Source: Internet Resource: Accessed August 6, 2014 at: http://ccla.org/wordpress/wp-content/uploads/2014/07/Set-up-to-fail-FINAL.pdf

Year: 2014

Country: Canada

URL: http://ccla.org/wordpress/wp-content/uploads/2014/07/Set-up-to-fail-FINAL.pdf

Shelf Number: 132909

Keywords:
Bail (Canada)
Criminal Courts
Pretrial Detention