How court-imposed conditions set people up to fail

Recommendation 12: The Government of Canada must amend the Criminal Code to prevent the use and prosecution of discriminatory or destructive behavioural conditions of interim release and sentencing, specifically:

• legislate that conditions imposed on interim release be reasonable and proportionate to the nature and seriousness of the alleged offence and the circumstances of the accused;
• define “drug paraphernalia” as harm reduction medical equipment and prohibit the imposition of conditions that would interfere with the ability to access or possess harm reduction equipment;
• prior to imposing an abstinence condition, require that courts consider a person’s dependence on drugs or alcohol. Abstinence conditions shall not be imposed on people living with addictions, except where doing so is necessary to protect the safety of a victim, witness, or the public, and harm-reduction measures shall be preferred over abstinence;
• limit “red zone” conditions to situations where there is a substantial likelihood that, if released without a red zone, the accused will commit an offence involving violence or serious harm within the red zone and ensure that any red zone is tailored to the alleged offence, the principles of judicial interim release or probation, and circumstances of the individual;
• remove paragraph 504(2.1) (g), the power for police to impose “abstinence” conditions; and
• eliminate criminal sanctions for non-violent breaches of behavioural conditions.

How court-imposed conditions set people up to fail

The Governments of BC and Canada must amend their prosecutorial policy, specifically:

Recommendation 13: Amend the BC Crown Counsel Policy Manual to include a policy on “Conditions of Release” that:

1. aligns with the Criminal Code requirement that an accused be released unconditionally unless their detention or the imposition of conditions is justified;
2. reflects Supreme Court of Canada jurisprudence requiring that conditions of release be minimally onerous and that every imposition of more restrictive conditions must be individually justified; and
3. takes into consideration the potential harms of imposing certain conditions on some individuals based on their social condition, race, ability status, housing status, and substance use.

How court-imposed conditions set people up to fail

The Governments of BC and Canada must amend their prosecutorial policy, specifically:

Recommendation 14: Amend the BC Prosecution Service Information Sheet “Bail (Conditional Release)” to reflect the presumption of unconditional release.

How court-imposed conditions set people up to fail

The Governments of BC and Canada must amend their prosecutorial policy, specifically:

Recommendation 15: Amend the Public Prosecution Service of Canada Deskbook Part 3.18 sections 2 and 5 to:

1. more clearly reflect the Criminal Code requirement that an accused be released unconditionally unless their detention or the imposition of conditions is justified; and
2. take into consideration the potential harms of imposing certain conditions on certain individuals based on their social condition, race, ability status, housing status, and substance use. ii. take into consideration the potential harms of imposing certain conditions on certain individuals based on their social condition, race, ability status, housing status, and substance use.

How court-imposed conditions set people up to fail

Relevant policing stakeholders must update database systems, e.g. PRIME-BC, to:

Recommendation 21: Require that all police-imposed conditions are electronically registered, including:

1. the date of imposition;
2. the date or causal mechanism by which the condition will expire;
3. the specific content of the condition; and
4. the underlying reason for imposing the condition.

How court-imposed conditions set people up to fail

Relevant policing stakeholders must update database systems, e.g. PRIME-BC, to:

Recommendation 22: Ensure that PRIME-BC can be searched to track all police-imposed conditions in the aggregate, rather than only being tied to an individual’s file.