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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.

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

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CCLA Condemns Government of Ontario’s Proposal to Imprison the Innocent

TORONTO —  Shakir Rahim, Director of the Criminal Justice Program, made the following statement: Ontario's proposal…
October 28, 2024

CCLA releases major report on bail system in Canada

CCLA is releasing its latest report on the bail system in Canada today, Still Failing:…
February 26, 2024

CTV News: More than 80% of inmates in Ontario jails last year were legally innocent, awaiting trial: data

“We at CCLA, like others, we care about public safety,” Rahim said."We just want to…
January 30, 2024

CCLA Commends Senate for Passing Bill C-48 Amendments, Urges House of Commons Support

TORONTO — Following the Senate’s passage of Bill C-48 on bail reform, Shakir Rahim, Director of the Criminal…
November 29, 2023

CCLA Proposed Amendment to Bill C-48 Adopted by Senate Committee

TORONTO — Following the Senate Committee on Legal and Constitutional Affairs’ adoption of amendments to Bill…
October 18, 2023

CCLA Remarks to Senate Committee on Legal and Constitutional Affairs – Bill C-48 (restricting bail)

On October 4, 2023, Shakir Rahim (Director of the Criminal Justice Program) testified before the…
October 6, 2023

CCLA Proposes Key Amendment on Bill C-48

TORONTO — In advance of his testimony before the Standing Senate Committee on Legal and Constitutional Affairs, Shakir…
October 4, 2023

CCLA Urges Senate to Exercise Sober Second Thought on Bill C-48 Restricting Bail

TORONTO — The Canadian Civil Liberties Association delivered its submission to the Senate Committee on Legal…
September 28, 2023

CCLA Alarmed that House of Commons Will Not Hold Committee Hearings on Bill C-48

TORONTO — Shakir Rahim, Director of Criminal Justice for the Canadian Civil Liberties Association (CCLA),…
September 19, 2023

Newstalk 1010: Ontario police groups, legal advocates call for different approaches to proposed bail reform

Shakir Rahim, Criminal Justice Program Director, appeared on Newstalk 1010 to discuss proposed bail reform.
August 1, 2023

The Hill Times: National Police Federation, police chiefs association favour bail reform bill, but advocacy groups wary of bail denial as ‘red herring’

The Canadian Civil Liberties Association and the John Howard Society are wary of Bill C-48,…
July 24, 2023

Civil Society Groups Demand Bail Reform Changes, Canada an ‘International Embarassment’

OTTAWA — The Canadian Association of Elizabeth Fry Societies (CAEFS), the Canadian Civil Liberties Association…
July 10, 2023

Toronto.com: Fix Canada’s ‘broken’ bail system by giving more people bail, and more supports, some Toronto experts say

“The denial of bail should not be seen as the solution to public safety risks”…
June 1, 2023

The Maple: Tightened Bail Restrictions Unlikely To Curb Violent Crime, Experts Warn

In January, the Canadian Association of Elizabeth Fry Societies (CAEFS) and the Canadian Civil Liberties…
May 25, 2023

The Globe and Mail: The flip side of bail reform in Canada

But as we said earlier this week, an equally important issue – one that politicians…
May 23, 2023

CBC: Justice minister says federal government could not go much further on bail reform

The Canadian Civil Liberties Association said, "We believe that every person in Canada deserves to…
May 21, 2023

CP24: CCLA Says Bill C-48 Will Not Make Public Safer

Shakir Rahim appeared on CP24 to discuss his concerns with Bill C-48 and how it…
May 17, 2023

Responding to Recent Calls for Bail Reform

How does Canada's bail system operate? Are we doing a good job protecting public safety?…
February 2, 2023

The Globe and Mail: B.C. bail policy change raises Charter concerns

After news of the bill's repeal, Noa Mendelsohn Aviv, the executive director and general counsel…
November 24, 2022

CCLA at the Supreme Court: A Momentous Bail Decision for Automatic Reviews of Detention

In R. v. Myers, the Supreme Court was tasked with interpreting a somewhat obscure Criminal…
March 29, 2019

‘This Time We Really Mean It’ Won’t Cut It for Bail Reform

Fixing the broken law of bail cannot happen without some belated action by legislators meeting…
October 29, 2018

Bill C-75: Right Goals, Wrong Tools

Over the next few weeks, witnesses will gather on Parliament Hill in Ottawa to share…
September 25, 2018