The Parable of Ms Baker: Understanding Pre-Trial Detention in Canada

Abstract

Although Canada's overall and violent crime rate dropped dramatically between the early 1990s and 2007 and its overall imprisonment rate has been relatively stable for the past 50 years, the portion of all prisoners who have not yet been sentenced (largely remand prisoners) has increased dramatically. The remand rate tripled between 1978 and 2007. Various explanations for this increase are explored in this article. In the end, we conclude that Canada's growing remand population is largely the product of an increasing culture of risk aversion which is permeating the entire criminal justice system.