Question, where does bail money go ? What is it used towards ?
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In British Columbia, Manitoba and Nova Scotia, the majority of accused were released on their own recognizance. During our court observations, neither British Columbia nor Manitoba courts required a surety for any accused; in Nova Scotia sureties were attached to only 25% of releases."
The report wasn't only about the difficulties in obtaining bail, but about the entire process. As well it focused on the conditions of release which have had a major impact on people's lives. Sometimes the conditions require a person to abstain from alcohol or drugs. If the person wasn't an addict or an alcoholic then it wouldn't be a problem; hence one example of being 'Set Up to Fail'.
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"Abstinence clauses – not to drink alcohol: well, the reason he’s been arrested is because he was intoxicated because he’s an alcoholic. Those kinds of conditions, the guy, he’s going to breach right away.
– British Columbia defense counsel""
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For individuals with substance addictions, abstinence conditions often do little more than set the person up for a subsequent breach charge, more pre-trial detention and a longer criminal record."
Another example would be if one of the conditions stated that you had to stay away from 'area A'. Unfortunately that is where your place of employment is. The courts have now decided that you cannot go to work to support yourself or your family. Conditions of release can last for weeks or months.
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The signs of a broken pre-trial system are visible in Canadian criminal justice statistics. Crime in our communities is down, but for the past 20 years, the number of people held in pre-trial detention has steadily increased. Today, there are more people in our provincial jails who are legally innocent than there are convicted and sentenced offenders. Many remand detention centres are at
double, triple or quadruple their original intended capacity. Dozens of cases from across the country describe violent, overcrowded institutions, where people sleep on the floor, where programming is non-existent and where fresh air is limited to 20 minutes a day. Even a few days in pre-trial detention can mean lost income, a missed rent payment, emergency child care and lapses in
medication. The pressure on individuals to agree to any proposed condition in order to be released, or simply plead guilty to get it all over with, is enormous.
Our bail system is setting people up to fail. Canadian bail courts frequently impose abstinence on alcoholics and drug addicts, residency conditions on the homeless, strict check-in requirements for those who are struggling to make ends meet, no-contact conditions between family members, and strict curfews that interfere with jobs and other essential components of adult life. Court observations in Yukon saw individuals released with a median of 13 conditions. One person observed in Ontario was released with 34 conditions. Every breach of a condition can lead to another criminal charge – and statistics show that breaches occur frequently. There is little hope than an alcoholic will be able to abstain from drinking simply because of a court order. But even individuals with significant family support and a steady income find it extremely difficult to live under severely restrictive bail conditions for the months – or years – that it usually takes to resolve criminal charges. Even when the original substantive
charge is withdrawn or dismissed, the Crown will still frequently pursue a conviction for the failure to comply."
Fortunately:
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Of the jurisdictions studied, British Columbia had the lowest charge and conviction rate for failing to comply with a bail order. 251 defense counsels from British Columbia reported breaches of bail conditions are dealt with “with an increasing level of enlightenment”:
At one point 60% of charges in BC were what we describe as administrative offences, breaches of court orders. [Now] it depends on the nature of the accused: if the conditions are in place because the person’s been shown to be a prolific offender – so he’s breaking into cars all the time, he’s shoplifting all the time, and the police have identified 20 or 30 people like that in Vancouver, 20 or 30 people like that in Victoria – then I would say that the breaches are dealt with very quickly because the police or probation officersrecognize that they’re breaching their conditions probably because of re-offending. But in other cases, probation officers are showing a significant degree of discretion; and then in BC you see the charges are done by the Crown, [providing] that extra level of discretion, and I would say by and large prosecutors show quite a degree of discretion"
Seriously, this is worth the d/l to read. Whether you're concerned about being arrested or not this is a major problem in Canada. Some conditions are unconstitutional yet cannot be challenged due to the current system.
