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Bailing Out: Bail and the Use of Remand in Canada Dr. Nicole Marie Myers University of Ontario Institute of Technology 4 October 2013 1
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Imprisonment Rates (Total, Federal and Provincial) in Canada from 1958 to 2010 2
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Provincial Imprisonment Rates (Total, Sentences and Remand) in Canada from 1978 to 2010 3
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Ontario Provincial Imprisonment Rate per 100,000 Residents 1978-2010 4
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Average Remand Counts by Province (2009/2010) 5
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Percentage of Provincial Counts which are Remand, by Province (2009/2010) 6
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Median number of days spent in remand by adults, by selected provinces and territories, 1999/2000 and 2008/2009 7
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Admissions of adults to remand, by type of offence, selected provinces 2008/2009 8
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Total Crime Rate (excluding traffic offences) per 100,000 Residents for Canada and Ontario (1975-2009) 9
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Why did this happen? Increase in case volume Increase in case complexity (FTC) Culture of adjournment Risk aversion 10
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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 11
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Implications Presumption of innocence Presumption of release on bail (least restrictive) Bail decision to be made quickly Responsibilizing private citizens Shifting locations of punishment 12
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