Navigating Victims’ Rights in Bail Court

• In Event: The Many Stakeholders in Pretrial Justice

Abstract

While existing research has explored the experiences of accused individuals navigating the bail system, little attention has been given to how victim rights are upheld or considered in bail court. The lack of responsiveness towards victims-survivors generally in the legal system has been criticized by victim advocates, who lament that they are kept out of the loop, not consulted, or shown a lack of respect. The current study addresses this gap in the literature by focusing on the role of victims-survivors at the pre-trial phase. Utilizing risk and procedural justice frameworks, we employ a mixed-methods approach, drawing from participant observations in bail court and qualitative interviews with victim service professionals. Findings assess the extent to which victim rights are considered during decision-making processes in bail court as well as how the needs of victims are achieved during bail processes. In doing so, we discuss the inclusion of victims’ perspectives and the potential advantages and disadvantages of their participation. Ultimately, results provide insights on the potential to influence bail policy, ensure victim rights are upheld, and support broader efforts to reform the Canadian bail system.

Authors

• Carolyn Frances Yule, University of Guelph

• Laura MacDiarmid, University of Guelph Humber

• Kaitlin Humer, University of Guelph