The impacts of police and policing

Recommendation 11: The Ministry of Public Safety and Solicitor General, in partnership with the MHMA, should issue a directive stating that no public funds may be used for private security patrols on public property, including in public parks.

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

The Provincial Court of British Columbia should:

Recommendation 16: Establish a Practice Direction re-affirming the presumption of unconditional release and the requirement that Crown individually justify the imposition of every restriction on release.

How court-imposed conditions set people up to fail

The Provincial Court of British Columbia should:

Recommendation 17: Amend the Provincial Court of British Columbia, “Bail Orders Picklist”, May 1, 2017 and Provincial Court of British Columbia, “Probation Orders Picklist” May 1, 2017 to:

1. remove “Drug Paraphernalia” conditions;
2. restrict the use of “No Alcohol or Drugs” conditions in relation to people with addictions;
3. remove “banishment” conditions entirely;
4. ensure that all “red zone” conditions are imposed only where doing so is required to protect the safety of a victim, witness, or the public from violence or serious harm. In doing so, red zones must be tailored to the alleged offence and the circumstances of the individual. Under no circumstances are standardized red zones appropriate; and
5. prohibit the imposition of behavioural or geographic conditions that would interfere with the ability to access health or social services, including harm reduction health services.

How court-imposed conditions set people up to fail

The Provincial Court of British Columbia should:

Recommendation 18: Create a Provincial Court resource outlining “harm reduction services,” including a definition of:

1. “drug paraphernalia” as harm reduction equipment;
2. “Safe Consumption Sites” and “Overdose Prevention Sites”;
3. needle exchange;
4. opioid substitution treatment; and v. low-barrier health services.

How court-imposed conditions set people up to fail

Recommendation 19: Police Services must create a provincial practice direction for police officers upon release of an accused, adopting the following recommendations of the Canadian Civil Liberties Association:

• police should make increased use of their power to release and ensure that any conditions imposed are constitutional and legally permissible under the Criminal Code.
• individuals released from police custody should be proactively informed of the procedures that can be used to vary police-imposed conditions under the Criminal Code; and
• police should release individuals under the most minimally restricting conditions available in the circumstance, taking into consideration an individual’s need to access shelter, social services, health care, and community, as well as the possible disability status of the individual, including addiction.

How court-imposed conditions set people up to fail

Recommendation 20: The Ministry of Justice and/or Court Services Branch must update any Ministry of Justice databases (e.g. JUSTIN) and related practices, policies, and technology platforms, to ensure that the imposition of bail and sentencing conditions can be tracked in correlation with housing status and race, and that breaches of bail or sentencing can be properly recorded and searched based on the type of condition breached.