The East Coast Prison Justice Society’s Visiting Committee has released its third annual report, highlighting a notable surge in pre-trial detentions throughout Nova Scotia. According to the report, between September 1, 2022, and August 31, 2023, more than 70% of incarcerated individuals in the province’s jails were being held in pre-trial custody. This figure marks an increase from approximately 66% in the previous year.
Significantly, the vast majority of these individuals have not been convicted of a crime, thus remaining presumed innocent under the law. This condition not only strains the provincial correctional system but could also have far-reaching repercussions for those detained. The report sheds light on a host of other pressing issues within Nova Scotia’s jails, including healthcare access challenges, lockdowns due to staff shortages, unhygienic conditions, and limited access to cultural and spiritual programs.
In response to the report, Nova Scotia Justice Minister Barbara Adams has acknowledged the staffing challenges but underscored significant changes that have been made in the hiring process, which she claims are improving conditions.
This surge in pre-trial detentions also raises substantial legal questions under the Canadian Charter of Rights and Freedoms, specifically Section 11(e), which guarantees the right not to be denied bail without just cause. The Supreme Court of Canada has similarly emphasized that pre-trial release should be the norm, not the exception, in cases like R v. Antic [2017] and R v. Myers [2019].
The Criminal Code, under Section 515(10), justifies detention only under specific conditions, and Section 525 mandates a judicial review if the trial has not commenced within 90 days. These legal frameworks are crucial in evaluating the current pre-trial detention practices in Nova Scotia.
In recent rulings, issues around staff shortages and lockdowns have been ruled unlawful by a Nova Scotia Supreme Court judge. Adding to the complexity, another ruling last month in Toronto highlighted how systemic flaws led to repeated illegal searches of a teen girl in custody, further emphasizing systemic issues in the Canadian correctional system. Read more about these developments and their implications.