The Effects of an Accused’s Previous Experience in the Canadian Bail System

Abstract

The Canadian bail system is complex and multifaceted, encompassing remand incarceration, bail court, and bail release into the community. Accused who are charged with a criminal offence, and must endure the bail process, are subject to experiencing punishment without a finding of guilt. Utilizing qualitative interview data, I argue that throughout the bail process, an accused person’s previous experience within the criminal justice system works to mitigate the hardships caused by the bail and remand system. An accused person’s previous experience contributes to their knowledge and understanding, their stress and uncertainty, and alters the relationships they have with criminal justice actors during the bail process. Previous experience contributes to an increase in the familiarity and power that an accused person possesses while navigating the bail process. This power impacts an accused person’s relative bail and remand experience and decreases the state’s ability to adequately control people who are more experienced with the bail system. This research points to the need for further research, as well as alterations to the current Canadian bail and remand system.