Set up to fail…

  July 24, 2014

 Canadian Civil Liberties Association
Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention

“The Canadian Civil Liberties Association (CCLA) has released a report: Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention, which questions the extensive rise in pre-trial custody populations and identifies the extreme personal and financial costs of current practices in Canadian bail courts.”   http://ccla.org/wordpress/wp-content/uploads/2014/07/Set-up-to-fail-FINAL.pdf

Additional documents:

Fact sheet:  By the Numbers: Crime, Bail and Pre-trial Detention in Canada  http://ccla.org/wordpress/wp-content/uploads/2014/07/2014-07-23-By-the-numbers1.pdf

At a Glance: The Human and Financial Cost of Pre-trial Detention  http://ccla.org/wordpress/wp-content/uploads/2014/07/2014-07-23-Cost-of-Pre-Trial-Detention1.pdf

Summary and key findings:   Key Findings and Recommendations

from Set Up to Fail   http://ccla.org/wordpress/wp-content/uploads/2014/07/2014-07-23-Report-key-findings3.pdf

 John Howard Society Canada
Our Broken Bail system – JHSC response to the CCLA Report “Set up to Fail”   http://www.johnhoward.ca/media/Our%20broken%20bail%20system.pdf  Related article:  John Howard Society    Fixing our Broken Justice and Corrections Systems: John Howard Society of Canada’s Plan   http://www.johnhoward.ca/media/5-Point%20Plan.pdf
 Toronto Star – Patty Winsa
Canada’s jails teeming with people awaiting bail or trial, report says 

A report coming from the Canadian Civil Liberties Association suggests that over 50% of those in jail at any given moment have been convicted of nothing.  They are waiting for bail or on remand.  Called Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention, the report says that those in detention are generally not public safety concerns and that in Ontario especially there is systemic delay – the courts run out of time to hear a case. http://www.thestar.com/news/canada/2014/07/23/canadas_jails_teeming_with_people_awaiting_bail_or_trial_report_says.html

 Globe and Mail – Globe editorial
Why are so many unconvicted Canadians behind bars?

The editorial says that the presumption of innocence until proven guilty is eroding and the result is large increases in the number of people in jail awaiting trial.  The remand rate has tripled over the last 30 years in Canada.  At a cost of about $183 a day, the vast majority of those held are there for non-violent and minor crimes, in many cases from over-represented groups already – the poor and Aboriginals.  http://www.theglobeandmail.com/globe-debate/editorials/why-are-so-many-unconvicted-canadians-behind-bars/article19733777

 Toronto Star – Donovan Vincent
Disciplinary measures against Canadian prison guards skyrockets 

The number of incidents has gone from 47 in 2009-2010 to 337 in 2012-13.  The numbers dropped in 2014 to 251 incidents.  Over-crowding is making conditions harsher, resources are less available and there is more violence, assaultive behaviour and lockdowns in Canada’s 43 federal prisons.  http://www.thestar.com/news/canada/2014/07/24/disciplinary_measures_against_canadian_prison_guards_skyrockets.html

 Toronto Star – Nicholas Keung
UN chastises Canada over immigration detention, including un-deportable man jailed 8 years 

UN High Commissioner for Human Rights’ Working Group on Arbitrary Detentions says that Michael Mvogo’s eight years in jail because his country, Cameroon will not accept him is not a justifiable reason for indefinite detention.  The first such critique of Canada’s immigration practices since the UN sector began in 1994, immigration lawyers are suggesting the practices used currently do not meet the international UN standards.  http://www.thestar.com/news/immigration/2014/07/24/un_chastises_canada_over_immigration_detention_including_undeportable_man_jailed_8_years.html

 The Sentencing Project (US)
Fewer Prisoners, Less Crime: Tale of Three States

The document is an 11 pages downloadable pdf on measures taken by New York, New Jersey and California to reduce the number of inmates in their respective states.  The rates fell by larger margins than the national rates.  Criminal justice policy has been evolving in a direction emphasizing “smart on crime” and evidence-based approaches to public safety.  http://sentencingproject.org/doc/publications/inc_Fewer_Prisoners_Less_Crime.pdf