Trends in the use of remand in Canada, 2004/2005 to 2014/2015 Trends in the use of remand in Canada, 2004/2005 to 2014/2015

by Correctional Services Program

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Remand, or pre-trial detention, refers to the temporary detention of accused persons in provincial or territorial custody prior to trial or a finding of guilt.^{Note 1} The Criminal Code sets out the conditions under which an accused can be detained in remand. These include: to ensure attendance in court; for the protection and safety of the public, including any victims of or witness to the offence; and to maintain public confidence in the justice system.

The remand population can pose challenges for the provincial and territorial correctional system. Remand tends to require higher levels of security and more intensive supervision; it can be more costly; and planning correctional space can be difficult given that the length of time spent in remand is not predictable (Johnson 2003).

Studies have shown that many individuals in pre-trial custody are housed in maximum security facilities where they are held in small cells with two or three other people. They often do not have access to rehabilitative or recreational programs, and face a high degree of uncertainty regarding the length of time they will be incarcerated (John Howard Society of Ontario 2007). Apart from the potential loss of employment and accommodation, other possible consequences for persons held in remand include separation from family, need to find emergency child care, and missed medication or medical treatments (Canadian Civil Liberties Association and Education Trust 2014).

The situation for youth held in pre-trial detention differs from the one described above for adults. In many jurisdictions, overcrowding is not an issue and youth held in pre-trial detention are offered the same range of programs as are sentenced youth—including educational programs, life skills programs, recreational programming, and medical services. The focus is on preparing youth for reintegration into the community.

This Juristat article explores trends in the use of remand in Canada over the decade, from 2004/2005 to 2014/2015, in order to better understand the recent evolution in the use of pre-trial custody across the country. Separate analyses are presented for adults and youth as the administration and legislation governing pre-trial detention are different for the two groups.

Two measures of correctional services activity are used in the article: average counts and admissions. Average counts provide a snapshot of the corrections population on any given day, while admissions represent the number of entries of persons during a fiscal year to pre-trial detention, sentenced custody or a community supervision program, regardless of the previous legal status. The number of admissions to remand, coupled with the length of time spent in remand, will impact the average number of persons in remand on a given day (see Text box 1).

Data on average counts come from the Corrections Key Indicator Report, while data on admissions come from the Adult Correctional Services Survey, the Youth Custody and Community Services Survey and the Integrated Correctional Services Survey. Data coverage for these surveys for some years is incomplete. Exclusions are noted where applicable (see Text box 1).

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Number of adults in remand has grown since 2004/2005

On an average day in 2014/2015, there were 13,650 adults held in remand awaiting trial in a provincial or territorial correctional facility in Canada, compared to 10,364 adults held in sentenced custody (Table 1). In comparison to the year before, the average daily number of adults held in sentenced custody decreased 6%, while the average daily remand population held steady.^{Note 2}

Over the longer term, however, the remand population has been growing. Between 2004/2005 and 2014/2015, the number of adults held in remand on a typical day increased 39%. This was nearly 6 times the increase in the sentenced custody population (+7%). In contrast, between 2004 and 2014, the number of adults charged with a crime by police in Canada declined (-2.4%) and the Crime Severity Index, which measures the volume and severity of police-reported crime in Canada, declined 36%.^{Note 3}

The number of adults in custody awaiting trial has outnumbered the sentenced custody population since 2004/2005 (Chart 1). In 2004/2005, the remand population accounted for 51% of the custodial population.^{Note 4} The gap between the number of adults in remand and those in sentenced custody widened steadily from that point up until 2009/2010 when 57% of the custodial population was made up of remanded adults. Since that time, the gap has narrowed slightly.

The remand picture across the country varies. In 2014/2015, the average adult remand population exceeded the sentenced population in six jurisdictions (Table 1). At 68% and 67% respectively, Nova Scotia and Alberta reported the highest proportions of their custodial population in remand. Conversely, Prince Edward Island posted the lowest proportion at 16%.

The number of adults being held in remand on a typical day declined from the previous year in 7 out of the 12 provinces and territories for which previous year data were available, with Prince Edward Island (-21%) and the Northwest Territories (-20%) displaying the greatest reductions (Table 1).^{Note 5} For the five jurisdictions where there were increases, Newfoundland and Labrador reported the highest at 11%.

In comparison to 10 years earlier, all jurisdictions had larger remand populations in 2014/2015. The growth ranged from 2% in Prince Edward Island to 192% in Nova Scotia (Table 1). In all but one jurisdiction (Prince Edward Island), these increases outpaced the growth in the sentenced custody population. As a result, in every jurisdiction except Prince Edward Island, the remand population accounted for a larger share of the custodial population in 2014/2015 than it did 10 years earlier (Chart 2).^{Note 6} Nova Scotia saw the largest change, with the average remand population going from 38% of the total custodial population in 2004/2005 to 68% in 2014/2015.

Adult admissions to remand continue to surpass admissions to sentenced custody

Admissions measure the number of times adults begin any type of supervision in a correctional institution or in the community. They offer a different view of the corrections population, but in this case present a similar story to that for average counts. In particular, there were almost twice as many admissions to remand (117,211) in 2014/2015 as there were to sentenced custody (62,279) in the 12 reporting provinces and territories overall.^{Note 7} This was the pattern throughout the previous decade—higher remand admissions overall than admissions to sentenced custody. This was also the case in all but three reporting jurisdictions (Newfoundland and Labrador, Prince Edward Island, and New Brunswick) in 2014/2015: remand admissions exceeded sentenced custody admissions (Table 2).

In comparison to the previous year, admissions to sentenced custody declined more (-4%) than those to remand (-1%). Compared to 10 years previously, admissions to remand increased 1%, while admissions to sentenced custody were down 2% (Table 2).^{Note 8}

Apart from Ontario, all reporting jurisdictions experienced an increase in remand admissions between 2004/2005 and 2014/2015. Nunavut led the way with an increase of 105%. Newfoundland and Labrador topped all provinces at 54% (Table 2).

Women account for small share of adult admissions to remand

In 2014/2015, women accounted for 13% of adult admissions to remand.^{Note 9} This was up from 11% in 2004/2005. These proportions were similar to that for sentenced custody, which were 11% in 2014/2015 and 10% in 2004/2005.

Aboriginal adults account for one-quarter of all admissions to remand

Aboriginal adults are overrepresented in provincial and territorial correctional services. The findings for remand and sentenced custody are quite similar. In 2014/2015, Aboriginal adults accounted for one-quarter (25%) of all adult admissions to remand and 26% of admissions to sentenced custody.^{Note 10} Overall, Aboriginal persons represent about 3% of the adult population in Canada (Table 3).^{Note 11}

The proportion of adults in remand who were Aboriginal persons varied substantially by jurisdiction, ranging from 6% in Prince Edward Island and Quebec, to over 70% in Manitoba, Saskatchewan and the three Territories. The 2014/2015 figures for sentenced custody were very similar with Aboriginal persons representing 3% of admissions in Prince Edward Island and Quebec and over 70% of admissions in Manitoba, Saskatchewan and the three Territories. In part, these differences are related to the relative size of the Aboriginal population in each jurisdiction.

Overall, the proportion of remanded Aboriginal adults in 2014/2015, at 25%, was up 9 percentage points from 2004/2005 when it stood at 16%. The increase in the proportion of Aboriginal adults in sentenced custody was similar, at 8 percentage points (from 18% in 2004/2005 to 26% in 2014/2015).

Time spent in remand by adults changed little between 2004/2005 and 2014/2015

Almost eight out of ten adults (78%) released from remand in the 11 reporting jurisdictions in 2014/2015 were held for one month or less, including 53% that were held for one week or less.^{Note 12} An additional 13% served up to 3 months. These figures were slightly lower than the proportions for 2004/2005 (79%, 55% and 14%, respectively).

The median number of days spent in remand in 2014/2015 ranged from 4 days in Quebec to 29 days in the Northwest Territories (Chart 3). In comparison to 10 years earlier, the median number of days served changed very little in six jurisdictions. There were declines in the Northwest Territories (-6 days) and Newfoundland and Labrador (-5 days). There were notable increases, however, in three jurisdictions: Nunavut (+20 days), Yukon (+5 days) and British Columbia (+5 days).

Number of youth in pre-trial detention is falling

Correctional services for youth aged 12 to 17 years at the time of an offence have been guided by the Youth Criminal Justice Act (YCJA) since 2003. The Preamble of this Act indicates, among other things, that the youth justice system should reserve its most serious interventions for the most serious crimes and reduce the over-reliance on incarceration. Furthermore, the use of pre-trial detention should be limited to particular grounds, including: the youth has been charged with a serious offence; there is a likelihood that the youth will not appear in court; or detention is necessary to ensure public safety (Youth Criminal Justice Act 2002).

In 2014/2015, there were, on a typical day, a total of 1,009 young persons aged 12 to 17^{Note 13} in custody in the 12 reporting jurisdictions, of which 561 (56%) were in pre-trial detention and 448 were in sentenced custody (Table 4).^{Note 14} Counts for pre-trial detention were down 6% from the previous year, while the drop in sentenced custody was three times that at -18%.^{Note 15} Counts were also down compared with a decade earlier and once again, the decline in average daily counts for sentenced custody (-60%) was much greater than that for pre-trial detention (-33%).^{Note 16} Over this period, between 2004 and 2014, the number of youth charged with a crime by police in Canada fell 46% and the youth Crime Severity Index, which measures the volume and severity of crime involving youth accused, declined 39%.^{Note 17}

The number of youth in pre-trial detention on an average day has outnumbered youth in sentenced custody since 2007/2008 (Chart 4).^{Note 18} The gap between the two widened up until 2010/2011 when there were on average 1.21 youth in pre-trial detention for every youth in sentenced custody. After 2010/2011, the gap began to narrow. However, in 2014/2015, it climbed again and returned to 1.21.

Among the reporting jurisdictions, there were substantial variations in the number of youth in pre-trial detention as a proportion of all youth in custody in 2014/2015. Pre-trial detention accounted for more than half of youth in custody in Yukon (66%),^{Note 19} Manitoba (64%), Ontario (62%), Alberta (61%) and British Columbia (55%). Conversely, in 7 of the 12 reporting jurisdictions, a minority of youth were in pre-trial detention, with New Brunswick posting the smallest proportion at 27% (Table 4).

With the exception of Prince Edward Island, Manitoba, and Yukon, all reporting jurisdictions have experienced a decline in the average daily count of youth in pre-trial detention when compared to 10 years earlier. Declines ranged from -67% in the Northwest Territories^{Note 20} to -1% in Alberta.

Despite these declines, however, the number of youth in pre-trial detention accounted for a greater share of the total custody population in 2014/2015, than it did in 2004/2005 because the number of youth in sentenced custody fell more (or increased less) (Chart 5). The largest change was in Yukon, where youth in pre-trial detention went from 26% of the total custody population in 2004/2005 to 66% ten years later. The one exception was Nunavut where pre-trial detention declined from 34% of the youth population in custody in 2004/2005 to 29% in 2014/2015.

The vast majority of youth admissions to custody are to pre-trial detention

As with adults, admissions measure the number of times youth begin any type of supervision in a correctional institution or in the community (see Text box 1). Both the average daily count and admissions present a similar picture. In 2014/2015, there were 6,365 youth admitted to pre-trial detention in the nine jurisdictions for which youth admissions information is available (Table 5).^{Note 21} This was almost five times the number admitted to sentenced custody (1,307) and is typical of the difference for the previous 10 years.

In all reporting jurisdictions except two, the share of youth admissions to pre-trial detention represented more than half the custodial admissions in 2014/2015. Ontario and Manitoba led the way with admissions to pre-trial detention representing 86% of total custody admissions. Conversely, just over one-third of youth admissions in Prince Edward Island and Nunavut were to pre-trial detention (Table 5).

Youth admissions to both pre-trial detention and sentenced custody are falling, with sentenced custody exhibiting larger declines.^{Note 22} In 2014/2015, admissions to pre-trial detention were down 10% from 2013/2014 and 46% from 2004/2005. The comparable figures for sentenced custody were -13% and -65%, respectively (Table 5).

The majority of reporting jurisdictions experienced declines in admissions of youth to pre-trial detention. However, New Brunswick and Yukon experienced increases between 2013/2014 and 2014/2015, while Manitoba and Yukon registered increases between 2004/2005 and 2014/2015 (Table 5).

Female youth account for one-quarter of admissions to pre-trial detention

Female youth accounted for 25% of total admissions to pre-trial detention in eight reporting jurisdictions in 2014/2015.^{Note 23} This represented an increase from 2004/2005 when the figure was 21%. The figures for sentenced custody were somewhat lower, with female youth representing 20% of admissions in 2014/2015, up from 16% in 2004/2005.

Aboriginal youth account for a growing proportion of admissions to pre-trial detention

Aboriginal youth accounted for 36% of total admissions to pre-trial detention in 2014/2015.^{Note 24} This was up from 10 years earlier when it stood at 21% (Table 6). Both these figures are considerably higher than the representation of Aboriginal youth aged 12 to 17 in the general population, which stood at about 7% of the youth population in the nine jurisdictions that provided admissions data in 2014/2015.^{Note 25}

In comparison to their representation in the youth pre-trial detention population, Aboriginal youth comprised a larger proportion of youth admitted to sentenced custody in both 2004/2005 (26% versus 21% for pre-trial detention) and 2014/2015 (40% versus 36% for pre-trial detention).^{Note 26}

Time spent by youth in pre-trial detention changed little

More than 8 in 10 youth (81%) released from pre-trial detention in nine reporting jurisdictions in 2014/2015 spent one month or less in pre-trial detention in 2014/2015, a proportion unchanged from 10 years earlier.^{Note 27} More specifically, the majority of youth (56%) were there for one week or less. This was up slightly from 2004/2005 when the figure was 53%.

In most reporting jurisdictions, the median time spent by youth in pre-trial detention in 2014/2015 tended to be about 1 week. Figures ranged from 3 days in Newfoundland and Labrador to 44 days in the Northwest Territories. Northwest Territories (+6 days) and Nunavut (+4 days) were the only two reporting jurisdictions to register an increase in median days served between 2004/2005 and 2014/2015 (Chart 6).

Summary

In Canada, the average number of adults being held in custody awaiting trial exceeded the average number of offenders being supervised in sentenced custody from 2004/2005 to 2014/2015. In addition, the increase in the average adult remand population was almost six times that of the increase in the sentenced custody count between 2004/2005 and 2014/2015.

The average number of youth aged 12 to 17 being held in pre-trial detention in 12 reporting jurisdictions also exceeded the sentenced population in 2014/2015 and has done so since 2007/2008. However, the average count of youth in pre-trial detention fell between 2004/2005 and 2014/2015. The decline was less than the decrease in the average number of youth being supervised in sentenced custody.

Survey description

The Adult Correctional Services (ACS) Survey collects aggregate data on the number and case characteristics (e.g., sex, age group, Aboriginal identity, length of time served) of admissions to and releases from adult correctional services. The following jurisdictions responded to the ACS in 2014/2015: Prince Edward Island, Quebec, Manitoba, Yukon, the Northwest Territories and Nunavut. Alberta was not able to provide adult admissions data in 2014/2015.

The Youth Custody and Community Services (YCCS) Survey collects aggregate data on the number and characteristics (e.g., age, sex, Aboriginal identity) of youth admissions to and releases from correctional services. The following jurisdictions reported survey data in 2014/2015: Prince Edward Island, Manitoba, Yukon, the Northwest Territories and Nunavut. Alberta and Quebec did not provide youth admissions data in 2014/2015.

The Integrated Correctional Services Survey (ICSS) collects microdata on adults and youth under the responsibility of the federal and provincial/territorial correctional systems. Data include socio-demographic characteristics (e.g., age, sex, Aboriginal identity) as well as information pertaining to correctional supervision, including admissions and releases by legal hold status (e.g., remand, sentenced, probation). The following jurisdictions provided data to the ICSS in 2014/2015: Newfoundland and Labrador, Nova Scotia, New Brunswick, Ontario, Saskatchewan, British Columbia and Correctional Service Canada.

The Corrections Key Indicator Report for Adults and Youth collects aggregate data on average daily custody counts and month-end supervised community corrections counts in the provincial/territorial (adult and youth) and federal adult systems. With the exception of Quebec youth, all 13 provinces and territories provided data in 2014/2015.

Detailed data tables

Table 1 Average daily counts of adults in provincial/territorial custody, by type of custody and jurisdiction, 2014/2015

Table 2 Admissions of adults to provincial/territorial custody, by type of custody and jurisdiction, 2014/2015

Table 3 Admissions of Aboriginal adults to provincial/territorial custody, by type of custody and jurisdiction, 2004/2005 and 2014/2015

Table 4 Average daily counts of youth in custody, by type of custody and jurisdiction, 2014/2015

Table 5 Admissions of youth to custody, by type of custody and jurisdiction, 2014/2015

Table 6 Admissions of Aboriginal youth to custody, by type of custody and jurisdiction, 2004/2005 and 2014/2015

References

Canadian Civil Liberties Association and Education Trust. 2014. Set Up to Fail: Bail and the Revolving Door of Pre-trial Detention. July 2014.

Criminal Code of Canada. R.S.C, 1985, c. C-46. (Current to June 21, 2016).

John Howard Society of Ontario. 2007. Remand in Ontario. Second Report to the Board, Standing Committee on Prison Conditions in Ontario. December 1, 2007. p. 6-7.

Johnson, S. 2003. “Custodial remand in Canada, 1986/1987 to 2000/2001.” Juristat. Vol. 23, no. 7. Statistics Canada Catalogue no. 85-002-X.

Youth Criminal Justice Act, S.C, 2002. c.1, S 29 (2). (Current to June 21, 2016).

Notes