Set Up to Fail: The Use of Bail Release Conditions in Canada

• In Event: International CJ Policy and Practices I

Abstract

There is concern, in Canada, over the use of pre-trial detention for both youths and adults. However, also problematic, and given far less attention, is what happens to those released on bail – in particular, the use of bail release conditions. Since 2000, the rate of charging youths and adults declined by roughly a quarter, yet the rate of charging for “failing to comply with an order” (as the most serious charge in the case) increased by 40%. Reasons for this are elusive, but some evidence suggests that both the volume and nature of release conditions are an important part of the puzzle. Using a representative sample of youth court cases from a large urban court, this study explores the nature – and potential problems – of release conditions imposed on boys and girls. There appears to be a gendered dimension to some release conditions and some conditions appear to be particularly intrusive (e.g. a requirement to attend a “treatment” program) given that the accused is legally innocent and very little is known at this early stage of proceedings. Broader concerns about the applicability -- and consequences -- of “rehabilitative” bail release conditions at this early stage are discussed.

Author

• Jane B. Sprott, Ryerson University