Earlier today, Thomson Reuters, a Canadian mass media firm, released an analysis of race disparities in Ontario’s pre-trial system. The infographic found that Black individuals awaiting trial remained in Ontario jails longer than their White counterparts. The information is based on pre-trial detention statistics gathered by the Government of Ontario from April 2015 to April 2016. The data also sheds light on the long wait-times experienced by all individuals awaiting trial dates.

The report assessed 16 different crimes broken down into four categories: weapons offences, traffic/import drugs, serious violent offences, and homicide. For weapons offences, Indigenous and White offenders spent 47 and 43 days respectively awaiting trial, while Black offenders waited an average of 81 days. For traffic/import drugs, Black offenders spent 75 days contrasted with 62 days and 63 days for Indigenous and White offenders. For serious violent offences, Indigenous offenders spent 95 days, White offenders spent 98 days, and Black offenders spent 143 days awaiting trial. On average, all three racial groups spent more than a calendar year awaiting trial for homicide offences, with 387 days, 456 days, and 489 days for Indigenous, White, and Black offenders respectively.

According to a news bulletin released by Reuters regarding the data, the statistics were obtained through access-to-information requests. Both the Ontario Crown Attorneys’ Association and the Office of Attorney General declined to comment on the data. Reuters interviewed more than a dozen actors in the criminal justice system, including defense lawyers, prosecutors, and criminologists who suggested the federal bail system may contribute to racial disparities found in the statistics. Bail requirements in Ontario are governed by the Bail Act, which may require some inmates to pledge a surety to secure bail; if the accused fails to attend their court date, the surety is required to pay a large fee. It is particularly difficult for low-income individuals, often overrepresented by people of colour or youth, to find a surety, resulting in a longer period of time pre-trial spent in a detention center.

In January 2017, the National Post released an analysis of pre-trial detention statistics across the provinces and territories in Canada, highlighting a widespread issue of access to justice. The article, which utilized statistics from 2014 to 2015, found that 57% of adults in a provincial or territorial correctional facility on any given day were awaiting trials, rather than serving sentences.

This blog post was written by a CCLA-PBSC RightsWatch student. Views expressed do not necessarily reflect the views of the CCLA or PBSC.