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.
Latest Updates
CCLA Calls on Senate to Scrutinize Bill C-14 on Bail Reform
CCLA Calls on Senate to Scrutinize Bill C-14 on Bail Reform
CCLA Statement on Ontario Cash Bail Proposal
CCLA Statement on Ontario Cash Bail Proposal
Statement on Bill C-14
Statement on Bill C-14
Statement on Bail and Sentencing Changes
Statement on Bail and Sentencing Changes
CCLA Appears before House of Commons Standing Committee on Justice and Human Rights on Bail System
CCLA Appears before House of Commons Standing Committee on Justice and Human Rights on Bail System
CCLA Condemns Government of Ontario’s Proposal to Imprison the Innocent
CCLA Condemns Government of Ontario’s Proposal to Imprison the Innocent
CCLA releases major report on bail system in Canada
CCLA releases major report on bail system in Canada
CTV News: More than 80% of inmates in Ontario jails last year were legally innocent, awaiting trial: data
CTV News: More than 80% of inmates in Ontario jails last year were legally innocent, awaiting trial: data
CCLA Commends Senate for Passing Bill C-48 Amendments, Urges House of Commons Support
CCLA Commends Senate for Passing Bill C-48 Amendments, Urges House of Commons Support
CCLA Proposed Amendment to Bill C-48 Adopted by Senate Committee
CCLA Proposed Amendment to Bill C-48 Adopted by Senate Committee
CCLA Remarks to Senate Committee on Legal and Constitutional Affairs – Bill C-48 (restricting bail)
CCLA Remarks to Senate Committee on Legal and Constitutional Affairs – Bill C-48 (restricting bail)
CCLA Proposes Key Amendment on Bill C-48
CCLA Proposes Key Amendment on Bill C-48
CCLA Urges Senate to Exercise Sober Second Thought on Bill C-48 Restricting Bail
CCLA Urges Senate to Exercise Sober Second Thought on Bill C-48 Restricting Bail
CCLA Alarmed that House of Commons Will Not Hold Committee Hearings on Bill C-48
CCLA Alarmed that House of Commons Will Not Hold Committee Hearings on Bill C-48
Newstalk 1010: Ontario police groups, legal advocates call for different approaches to proposed bail reform
Newstalk 1010: Ontario police groups, legal advocates call for different approaches to proposed bail reform
The Hill Times: National Police Federation, police chiefs association favour bail reform bill, but advocacy groups wary of bail denial as ‘red herring’
The Hill Times: National Police Federation, police chiefs association favour bail reform bill, but advocacy groups wary of bail denial as ‘red herring’
Civil Society Groups Demand Bail Reform Changes, Canada an ‘International Embarassment’
Civil Society Groups Demand Bail Reform Changes, Canada an ‘International Embarassment’
Toronto.com: Fix Canada’s ‘broken’ bail system by giving more people bail, and more supports, some Toronto experts say
Toronto.com: Fix Canada’s ‘broken’ bail system by giving more people bail, and more supports, some Toronto experts say
The Maple: Tightened Bail Restrictions Unlikely To Curb Violent Crime, Experts Warn
The Maple: Tightened Bail Restrictions Unlikely To Curb Violent Crime, Experts Warn
The Globe and Mail: The flip side of bail reform in Canada
The Globe and Mail: The flip side of bail reform in Canada
CBC: Justice minister says federal government could not go much further on bail reform
CBC: Justice minister says federal government could not go much further on bail reform
CP24: CCLA Says Bill C-48 Will Not Make Public Safer
CP24: CCLA Says Bill C-48 Will Not Make Public Safer
Responding to Recent Calls for Bail Reform
Responding to Recent Calls for Bail Reform
The Globe and Mail: B.C. bail policy change raises Charter concerns
The Globe and Mail: B.C. bail policy change raises Charter concerns
CCLA at the Supreme Court: A Momentous Bail Decision for Automatic Reviews of Detention
CCLA at the Supreme Court: A Momentous Bail Decision for Automatic Reviews of Detention
‘This Time We Really Mean It’ Won’t Cut It for Bail Reform
‘This Time We Really Mean It’ Won’t Cut It for Bail Reform
Bill C-75: Right Goals, Wrong Tools
