sent a letter to the Prime Minister and the federal Minister of Justice

20.500.12592/10x7bh

sent a letter to the Prime Minister and the federal Minister of Justice

28 Jan 2023

Based on decades of evidence regarding the bail system and the impact of pre-trial detention, however, this assumption is inaccurate – and if used as the basis for legal reform, has the potential to cause significant harm to individuals and the public. [...] While the rate of individuals found guilty of a crime and incarcerated has declined, the number of people in pre-trial detention has more than quadrupled in the past 40 years. [...] In the past few years, despite decreases in the overall custodial population in the context of the pandemic, the proportions in pre-trial detention have continued to rise. [...] clearly documented in numerous academic studies9 and has been recognized by multiple levels of government and the Supreme Court of Canada.10 As a 2015 report commissioned by the Department of Justice noted: The bottom line is that in the last 44 years, we have seemingly moved increasingly away from the rights-protecting philosophy underlying the original Bail Reform Act of 1971. [...] Canadian scholars have found that conditions of release are often intrusive, unrelated to the circumstances of the alleged offence,19 and may be being used for punitive purposes.20 Standard bail conditions can significantly impair basic constitutional and statutory rights, including mobility rights; the right to life, liberty and security of the person; the right to equality; the right to dignity;.

Authors

Nicole Myers

Pages
8
Published in
Canada