For a complete review of the provisions of the Youth Criminal Justice Act (YCJA) relating to bail hearings see the Pre-Trial Detention module on the Justice Canada website.

NOTES ON JUDICIAL INTERIM RELEASE HEARINGS

1. PRINCIPLES UNDER THE YCJA

One objective of the YCJA is to reduce the use of pre-trial detention. Studies show that there was a substantial increase in pre-trial detention under the Young Offender Act. There is also evidence of significant variation in the use of pre-trial detention across Canada.

Basic Principle under the YCJA
A young person charged with a criminal offence is presumed to be innocent. This presumption reinforces the basic principle that pre-trial detention should not be used unless it is the least restrictive alternative. This approach underlies the clear decisions of the courts that pre-trial incarceration is not to be used as a form of punishment.

Negative Consequences
The individuals involved in the youth criminal justice system need to be aware of the negative consequences for a young person who is detained prior to trial. These include the deprivation of liberty and disruption of education, family life, employment, and social and community involvement. Research has also shown that pre-trial detention increases the risk of conviction and a custodial sentence if found guilty.

Restrictions on the use of pre-trial detention
Sections of the YCJA restrict the use of pre-trial detention and encourage the use of alternatives, including:

A prohibition on the use of detention for child welfare, mental health or other social reasons;
A presumption against pre-trial detention if a custodial sentence could not be imposed upon conviction;
The requirement that the court inquire as to the availability of a responsible person to provide an alternative to detention.

2. EXTRA PRE-TRIAL SUPERVISION AVAILABILITY

Custody Diversion Project – Edmonton
In 1990, the Custody Diversion Program was implemented in Edmonton to provide an alternative to remanding selected young persons in custody to await further court appearances.

The program is comprised of three components:

Edmonton Police Service Detention Cells: Program staff attempt to interview youth who have been arrested in an effort to provide the bail officer with information regarding community support and other support that is available for the young person.

Docket Court. A youth worker attends Edmonton docket court on a daily basis to assist the youth/family or any other involved person or agency in understanding the court process and facilitating youth justice court proceedings.

Intensive Supervision. This component of the program is designed to provide intensive pre-trial supervision to youth who have been released from custody by a justice of the peace or a youth justice court judge and ordered to attend the program as a condition of pre-trial release.

Youth Attendance Center – Calgary/Edmonton
The Youth Attendance Centre addresses the needs of surveillance support for young offenders bound by community dispositions or temporary or judicial interim release. They have also provided staff-supervised work crews that support young offenders in completing community service obligations.

A young person must be under the supervision of a probation officer to be referred to the Attendance Centre and must be bound by one of the following court orders:

Pre-trial release;
Probation;
Conditional Supervision.

The primary focus of the program is to provide curfew or residence checks of higher risk young people at times when probation staff is not available.

A young person is referred to the Attendance Centre only if they meet one of the following criteria:

Has a history of non-compliance with curfew or residence conditions;
Has a low level of parental support or control in enforcing curfew conditions and notifying a probation officer of curfew violations.

The level of surveillance is governed by the following:

Level of compliance with court ordered conditions;
Level of involvement in productive daytime activities;
Nature of peer involvement.

The frequency of curfew checks is as follows:

Maximum – two home visits per week and daily telephone contact;
Medium – one home visit and five telephone contacts per week;
Minimum – one home visit every two weeks and three telephone contacts per week.