Canada's detention rate for individuals awaiting trial has more than doubled in the past decade, leading to a fourfold increase in the number of legally innocent individuals held in regional detention facilities, according to a new report from the Canadian Civil Liberties Association.

The 93-page report was delivered by Shaker Rahim, Executive Director of CCLA’s Criminal Justice Program, alongside Queens University associate professor Nicole Myers, at Queens Park on Monday.

Rahim told reporters, "The findings are grim." "The conditions of pre-trial detention in our country are dire and inhumane."

The report comes 10 years after CCLA’s landmark 2014 report on the national bail system, titled "Ready to Fail: The Revolving Door of Pretrial Detention," noting little has changed in the past decade for those held in pretrial detention.

When Ready to Fail was published, CCLA noted nearly 55% of people held in provincial and territorial jails across Canada were awaiting trial and legally presumed innocent. The new report indicates this figure is now 70 percent nationwide.

Regarding regional data, obtained by CTV News Toronto through a freedom of information request last month, 82 percent of individuals incarcerated in Ontario last year were awaiting trial.

Myers said, "We are facing very serious and long-standing problems in the Canadian bail system despite political rhetoric calling for toughness."

To produce the report, CCLA, alongside justice system professionals and volunteers, monitored 79 days of bail court throughout 2021 and 2022. In total, 1,284 bail appearances were observed and 33 professionals interviewed.

When contacted for comment last month, the Ministry of the Attorney General, which oversees Ontario’s court system, told CTV News Toronto that $100 million has been spent on measures aimed at prioritizing public safety and security.

It added, "This funding will help police apprehend high-risk violent offenders wanted for breaching bail conditions and community supervision conditions and support prosecutors and courts when dealing with bail hearings for repeat offenders involved in serious violent crimes."

CTV News Toronto reached out to both the Ministry of the Attorney General and the Attorney General for comment on the report.

Challenges of Bail Court

CCLA researchers found that bail courts in Canada continue to struggle to ensure all accused receive timely hearings and that when those hearings occur, the law is not always fairly applied.

They found, conversely, that individuals are forced to spend unnecessary time in custody.

The report stated: "Legally innocent people – people who may never be convicted of the charges they face – are deprived of their liberty, placed in overcrowded jails, and separated from their families and communities for days and weeks."

Many people interviewed in Ontario, mostly defense lawyers, highlighted practices in their jurisdictions that "stand in the way of effective and timely bail hearings."

In one mid-sized Ontario city, an interviewee expressed concern that new arrests do not receive bail hearings the same day, as local courts rarely remain open past 4:30 p.m.

"This often results in people sitting in the police station for 28 to 30 hours. I mean, if they're arrested at 11:00 a.m., they might not appear in court until 3:00 the next day.”

The association noted that frequent adjournments are also concerning; of the court appearances observed by CCLA researchers, over 65 percent were postponed to another day.

In Ontario, the latest data shows that 74 percent of bail-related hearings were adjourned.

The report stated: "It is important to remember that every adjournment is effectively a short detention - the accused is required to remain in custody until their next appearance, and there is no guarantee that a bail decision will be made at that next appearance.”

Conditions in Pretrial Detention

The report notes that pretrial detention time is not only dangerous but criminal, increasing the likelihood of reoffending.

The report said, "Overcrowding and understaffing remain significant concerns," "In Ontario, for example, courts have repeatedly condemned repeated lockdowns due to inadequate staffing."

The report says that during these lockdowns, inmates may get only 30 minutes outside their cells daily and are forced to go days without showers, recreation, or phone time.

As one Ontario judge said, "It is shocking that detention centers in Toronto in 2017 consistently fail to meet the minimum standards set by the United Nations in the 1950s."

Several defense lawyers who spoke to CCLA said the ongoing lockdowns have proven challenging in accessing their clients.

One interviewee in Ontario said, “Even communicating with your client by phone is nearly impossible, so you rely on appearing in court via video hoping to get a side room with them or at least exchange some words formally so they can do that.”

They said serious phone access would solve the issue, as clients often hesitate to speak openly about the charges through video conferences, "They don’t know who is listening."

"It is not very helpful in ensuring trust that you will act in their best interest."

Despite the conditions, the report points out that bail courts and pretrial detention facilities often serve as temporary refuges for vulnerable populations.

"This means that people who truly need housing, healthcare, and community support end up cycling through the criminal justice system."

Many interviewees confirmed that changes in the bail system have not made a significant difference for the most marginalized accused.

One said, "Securing bail for clients who lack resources, stable housing, or social support remains an exceptional challenge."

Recent Changes are Not Evidence-Based

According to CCLA, recent changes to the national bail system are not evidence-based.

On January 4, Bill C48, the latest amendments to the Canadian bail system, came into effect.

The changes, first introduced by the Liberal government in May 2023, expanded the use of reverse onus provisions, shifting the burden from prosecutors to prove why an accused should remain in custody, to accused individuals having to prove why they should be released.

The bill was introduced amid growing concerns over public safety following the fatal shooting of Ontario Provincial Police Chief Greg Birchall in December 2022.

A month after Birchall’s death, a letter issued from Ontario Premier Doug Ford’s office alongside several premiers urged the federal government to take "swift action" regarding the bail system.

In the spring of that year, Ford’s government also announced it would spend $112 million on measures aimed at "fixing Ontario’s broken bail system," including specialized prosecution at court sessions and police compliance teams.

According to CCLA, the legislation was based on the idea that Canada’s bail system is too lenient, especially regarding "repeat offenders," but this is not the case, they say.

The report said, "A wide body of research contradicts the claim that Canada’s bail system has become unjustifiably lenient or that the bail system contributes to increased crime." "Against this backdrop, it is critical to focus on rigorous research, empirical evidence, and thoughtful policymaking."

When asked in January about what effective bail reform might look like, Rahim pointed to community programs that help accused individuals successfully meet their conditions.

"These evidence-based programs supervise those released on bail and support them, but no funding is directed to them, and this is one of the core problems."

The bail program run by the John Howard Society is one such example, providing beds for those without stable addresses who are released on bail, ensuring they can meet their conditions by returning to a set place each night.