Summary
Highlights
Maria Rio introduces Jane Spraw, a criminology professor, to discuss pre-trial detention. They explain the balance between individual liberties, community protection, and public perception in the criminal justice system. The Canadian Charter of Rights and Freedoms guarantees innocence until proven guilty.
Jane Spraw differentiates between pre-trial detention and serving a sentence. She explains that individuals in pre-trial detention are legally innocent, while those serving a sentence have been found guilty. Detention occurs when police decide to hold someone rather than release them with a notice or summons.
James shares his experience of being charged with assault and death threats in 2012. He was placed in medical segregation for 47 days, despite not requesting it. He describes the dehumanizing strip searches and the lack of rights afforded to pre-trial detainees. He ultimately took a plea deal due to the pressures of the system.
James recounts the chaotic and disorienting experience of bail court, stating that the accused is stripped of their rights before being found guilty. He highlights the humiliation of strip searches and the lack of protection for inmates, with violence and theft being common.
James describes the impact being detained had on his life, including the loss of his apartment and job. He emphasizes the need for a phone call to arrange crucial matters, which is often limited. The Ontario system requires collect calls to landlines, making communication extremely difficult. Lawyers may be hard to reach due to restrictions with Bell, the phone service provider.
James recounts his experience in isolation, describing the mental toll it took on him. He also reveals he was unable to contact his lawyer during this period. Further issues described include not knowing his lawyer's number and being denied playing cards, only receiving a bible.
James admits to pleading guilty to something he didn't do because he couldn't wait a year and a half for a trial. He reflects on how this decision has negatively impacted his career. Prison is a constant struggle, where one longs for home and contact with loved ones.
The discussion shifts to the difficulty of finding a surety, someone who assures the court that the accused will follow conditions. Sureties are difficult to secure and are challenged due to having to sacrifice time off work in addition to the risk of losing large amounts of money. The segment addresses the commonality of the accused associating with others with criminal records.
Jane Spraw explains administration of justice offenses, such as failing to comply with bail conditions. She discusses how these offenses lead to a cycle of reoffending and reduced chances of being granted bail. She criticizes the expansion of reverse onus offenses, where the accused must prove why they should be released.
Jane Spraw argues that the bail system is overused, noting the high percentage of cases with withdrawn charges and the prevalence of failing to comply charges. She highlights the huge expense to the state and the devastating impact on individuals, who may lose housing, employment, and children. The high percentage of remanded adults versus sentenced adults across Canada reinforce the issue.
James expresses his hatred for the justice system, stemming from his experiences. He describes how this has led to defiance and escalation in subsequent arrests.
The episode concludes with a summary of the high remand rates across Canada and a statement from CCLA's mission to to continue fighting for the rights of the incarcerated.