Still Failing: The Deepening Crisis of Bail and Pre-Trial Detention in Canada is the second major report by the Canadian Civil Liberties Association on the bail system in Canada.
It follows our 2014 report, Set Up to Fail: Bail and the Revolving Door of Pre-Trial Detention, which is regularly cited by the Supreme Court of Canada and courts across the country.
Our Report
Why Our Report Matters
The findings are dire.
The proportion of people denied bail is at a record level, the Charter right to a timely bail hearing is often violated, conditions in pre-trial detention are dangerous and inhumane, and vulnerable groups continue to be unfairly denied bail.
There is an urgent need for evidence-based solutions to address these and other issues in the bail system.
CCLA's Response
It will take a concerted, large-scale legislative and policy effort to truly effect a culture change and address bail practices in Canada. Experience tells us that any successful reform effort involves following elements:
- Conducting a thorough, principled review of the law, including consideration of empirical evidence;
- Bringing together justice system actors, academics, and community stakeholders; and
- Explicitly outlining the objectives and directions governing the exercise of discretion by decision-makers.
In the short-to-medium term, different levels of government have the ability to introduce targeted legislative and policy changes that would have smaller-scale positive impacts for bail practices and outcomes.
Our specific policy recommendations can be found in Part 4 of the report.
