ERODING THE PRESUMPTION OF INNOCENCE: PRE-TRIAL DETENTION AND THE USE OF CONDITIONAL RELEASE ON BAIL

The rate with which pre-trial detention is used across most common law jurisdictions has been increasing. In Canada, the rate has tripled over the past 30 years and the proportion of prisoners in pre-trial detention is higher than in other jurisdictions. Contrary to the presumption of innocence, many accused will spend time in pre-trial detention and if released on bail will have a number of restrictive conditions routinely imposed. It is a criminal offence to fail to comply with any of these conditions. Using data collected from observations of 152 days of bail hearings in 11 courts in Ontario, Canada, this paper argues significant efforts to control and monitor behaviour are being used outside of a finding of guilt.