For many different reasons, many individuals in the criminal justice system do not get bail pending their trial.
What is Remand?
If you are not granted bail or you do not apply for bail, you will be held on remand in a provincial jail, such as the Toronto South Detention Centre. You can be held on remand, also called pre-trial detention, for months awaiting your trial.
Statistics show that many people held in Canadian provincial jails are on remand. These people have not been found guilty of the crime they are charged with, but must remain in custody. Prisoners in remand are generally held under strict security conditions, even if they are accused of relatively minor and non-violent crimes. On remand, people have little or no access to support for the problems that may have brought them into jail in the first place, such as poverty, lack of housing, addiction, or mental health problems. The harms of this practice are well documented.
In the case of R. v. Myers, the Supreme Court of Canada acknowledged the harm of pre-trial detention:
As this Court has recognized, the experience of pre-trial detention can have serious detrimental impacts on an accused person’s ability to raise a defence. It also comes at a significant cost in terms of their loss of liberty, the impact on their mental and physical well-being and on their families, and the loss of their livelihoods. The high cost of pre-trial detention was recognized at the time the Bail Reform Act was before Parliament: House of Commons Debates. The issue remains just as relevant today.
Bail Lawyers in Brampton
The lawyers at Lockyer Zaduk Zeeh are experienced bail hearing lawyers. We place substantial emphasis on our client’s freedom, whether that is during the bail hearing phase or on a bail review. We work with you and your sureties to ensure you have the best chance of being released from custody pending your trial.
If you need an experienced lawyer to represent you at your bail hearing, reserve onus bail hearing, bail review, or bail pending appeal, call us at (416) 613-0416 or (416) 595-9500 or contact us at firstname.lastname@example.org for a consultation.