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

July 23, 2014

The Canadian Civil Liberties Association (CCLA) has released a report: Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention, which questions the extensive rise in pre-trial custody populations and identifies the extreme personal and financial costs of current practices in Canadian bail courts.

Download the full report, Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention

Read our quick bail and pre-trial detention fact sheets:

Read CCLA’s press release

Despite a falling crime rate, the remand rate in Canada has nearly tripled in the past 30 years. Currently the majority of people detained in provincial and territorial jails are legally innocent, waiting for their trial or a determination of their bail. 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.

CCLA is aware that this is an issue various governments are actively struggling with, and looks forward to constructive engagement with all justice and law enforcement actors to try to address some of the trends identified by the report.

The report outlines a series of recommendations including:

  • Reinstating the presumption of unconditional release and innocence throughout the bail system;
  • Improving the efficiency of the bail process; drastically reducing reliance on sureties in the few jurisdictions requiring them;
  • Ensuring conditions on release are lawful, necessary, and achievable; and
  • Limiting custodial responses for breaches of conditions.