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Bailing Out: Bail and the Use of Remand in Canada

Bailing Out: Bail and the Use of Remand in Canada. Dr. Nicole Marie Myers University of Ontario Institute of Technology 4 October 2013. Imprisonment Rates (Total, Federal and Provincial) in Canada from 1958 to 2010.

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Bailing Out: Bail and the Use of Remand in Canada

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  1. Bailing Out: Bail and the Use of Remand in Canada Dr. Nicole Marie Myers University of Ontario Institute of Technology 4 October 2013

  2. Imprisonment Rates (Total, Federal and Provincial) in Canada from 1958 to 2010

  3. Provincial Imprisonment Rates (Total, Sentences and Remand) in Canada from 1978 to 2010

  4. Ontario Provincial Imprisonment Rate per 100,000 Residents 1978-2010

  5. Average Remand Counts by Province (2009/2010)

  6. Percentage of Provincial Counts which are Remand, by Province (2009/2010)

  7. Median number of days spent in remand by adults, by selected provinces and territories, 1999/2000 and 2008/2009

  8. Admissions of adults to remand, by type of offence, selected provinces2008/2009

  9. Total Crime Rate (excluding traffic offences) per 100,000 Residents for Canada and Ontario (1975-2009)

  10. Why did this happen? • Increase in case volume • Increase in case complexity (FTC) • Culture of adjournment • Risk aversion

  11. Setting people up to fail • Require supervision • Impose numerous, onerous conditions of release • Questionable relation to allegations/grounds for detention • Criminalization of non-criminal behaviour • Time to trial • Fail to comply

  12. Implications • Presumption of innocence • Presumption of release on bail (least restrictive) • Bail decision to be made quickly • Responsibilizing private citizens • Shifting locations of punishment

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