Concerns raised over numbers in remand
A closer look at remand is warranted when trying to reform the correctional system, says the CEO of the John Howard Society of Saskatchewan.
Shawn Fraser said investments in community programming and supports are key to reduce both short- and long-term remand use. He said the organization was frustrated to see the province's remand expansion plans at the Saskatoon Correctional Centre.
“Ultimately, instead of planning for more remand, we should be planning for healthier, safer communities where there's less crime and therefore a lesser need for remand, and not just assuming there's going to be a greater need for remand,” Fraser said this month.
Figures provided by the Ministry of Corrections, Policing and Public Safety show remanded inmates have consistently accounted for more than half of all people incarcerated in provincial facilities during the pandemic.
On March 15, 2020, 55 per cent of inmates were on remand. That dropped to 53 per cent as of May 1, then jumped to 59 per cent by Sept. 1. As of Dec. 1, 56 per cent of inmates were on remand.
On those same dates in 2019, remand inmates were outnumbered by inmates serving sentences.
Defence lawyer Lisa Watson, who is co-president of the Saskatoon Criminal Defence Lawyers Association, noted that remand inmates are presumed innocent while their charges are before the courts.
She said she's seen Crown prosecutors take the pandemic into account in their decisions about whether to release or recommend remand for accused people, noting that the percentage of remand inmates declined between March and May.
“Still, COVID -19 is not a get-outof-jail-free card, and even taking into account the pandemic, we are
still seeing, obviously, people being remanded, whether it's by consent or after running a bail hearing,” Watson said.
Advocates have called for the inmate population to be reduced during the pandemic by releasing people whose COVID-19 risk is higher due to age or pre-existing health conditions.
Inmates who spoke to The Starphoenix during an outbreak at the Saskatoon jail described living in close quarters as infections spiked in late November.
Early in the pandemic, and again during the outbreak, the office of public prosecutions directed prosecutors to consider the pandemic when assessing bail.
However, Minister of Corrections, Policing and Public Safety Christine Tell said early last month that the ministry has no ability to release sentenced or remanded inmates.
Ministry officials have repeatedly said the pandemic has not resulted in the release of any sentenced inmates.
Between Nov. 1 and Jan. 1, the total number of inmates in adult jails fell, but remanded inmates still outnumbered sentenced inmates.
On Nov. 1, out of 1,807 inmates, 56 per cent (1,022) were on remand. On Jan. 1, out of 1,631 inmates, 56.5 per cent (922) were on remand. As of Jan. 19, out of 1,657 inmates, 58.6 per cent (971) were on remand.
According to a prepared statement from the ministry, Saskatchewan's ratio of remand inmates in provincial facilities is “lower than most other provinces.”
The high number of people on remand is more significant than the ratio, Fraser said, noting Saskatchewan's adult incarceration rate in provincial facilities is higher than the national average.
According to Statistics Canada, in 2018-19, the provincial/territorial incarceration rate across Canada as a whole was 79.57 per capita (per 100,000 people), but Saskatchewan's was 215.17.
Under Canadian law, a court can remand someone to ensure they attend court, if it's necessary to protect the public, or to preserve public confidence in the justice system due to the nature of the offence or circumstances.
Fraser said there are still people on remand who do not fit those criteria and could be managed in the community. Among them are people who lack housing or transportation, or whose homes and families are distant from the court where they face charges, with no practical way to get back to see a judge.
“That is just ridiculous to me. It's expensive and it's not rehabilitative for anybody. It makes the problem worse, likely,” he said.
When the Crown and defence are discussing a release plan, the first issue of discussion is usually where the person will live if released, Watson
said. When a defence lawyer's client doesn't have a stable household, they work with the client to try to connect them with community resources, she added.
Inability to come up with money for bail can also result in remand, noted Kim Beaudin, national vicechief of the Congress of Aboriginal Peoples, who has served as a justice of the peace. He opposes the province's plan to expand remand facilities at the Saskatoon jail.
Part of the problem is system-generated charges for things like missing a court appearance or failing to abstain from alcohol or drugs, he added.
“That's a strike against you, and really a lot of times you're remanded to court because they want you to show up,” Beaudin said.
He doesn't believe breaches, particularly for conditions related to addictions, should result in remand, he added.
Inmates on remand can access education programming, such as adult basic education and GED, on a “case-by-case basis,” according to the ministry, but they can miss out on rehabilitative programs.
The ministry's statement noted it's a challenge to provide consistent programs to remand inmates since their time in custody can be short or indeterminate. Many jail programs are aimed at inmates serving sentences.
Fraser said organizations like the JHSS want to ensure that people who are incarcerated and willing to better themselves are able to do so. “In remand, ultimately, it's a lot of sitting around — which actually, in our opinion, can make things worse, can entrench some of those issues that got people in touch with the law in the first place.”
The percentage of remanded inmates in Saskatchewan facilities has been growing steadily since 2014-15, when it jumped from 37 to 39 per cent and continued to climb, reaching 51 per cent in 2018-19, according to Statistics Canada.
In 2016, the province launched a remand initiative aimed at countering this trend. It includes early case resolution and Community Alternatives to Remand partnerships.