E/CN.4/2006/7/Add.2
page 15
54.
The Gladue (Aboriginal Persons) Court is open to all Aboriginal accused persons. The
judge, prosecutors and court workers have a particular understanding of the way in which
traditional criteria for granting or denying bail have a disproportionately negative impact on
Aboriginal accused persons. Moreover, they have specific expertise with regard to the
programmes and services available to Aboriginal people in Toronto as possible alternatives to
pretrial custody.
55.
The Mental Health Court at Old City Hall is staffed by two mental health workers, a case
manager and a psychiatrist, in addition to a judge and prosecutors with expertise in mental health
issues. By significantly mitigating the adversarial character of bail hearings, this court takes into
specific account the disadvantage accused persons with mental health problems face in arguing
for judicial release from pretrial detention. All parties involved in bail proceedings before the
Mental Health Court aim, where appropriate, at returning these individuals to the health-care
system with adequate housing and support systems in place.
56.
The non-violent accused who are drug-dependent may elect to have their application for
bail heard in the Drug Treatment Court at Toronto’s Old City Hall Courts. In this court,
prosecution and the accused can agree to charges being stayed or withdrawn if the accused
successfully completes a rehabilitation programme. During the 8 to 15 months’ duration of the
rehabilitation programme, the accused will regularly appear for bail hearings before the Drug
Treatment Court and thus remain under the supervision of the court. The Provincial Court in
Vancouver has opened a Drug Treatment Court as well.
57.
The Working Group attended hearings of each of these three courts and heard about their
undoubtable strengths. Some of the Working Group’s interlocutors have, however, also
highlighted reservations they entertain with regard to the full and effective respect of the right to
a fair trial in proceedings before the Drug Treatment Court. They point out that charges against
the accused are “suspended” and the determination of their guilt or innocence delayed for often
more than a year. Additionally, the coercive powers of the criminal process are used for
purposes of inducing persons to undergo health treatment.
58.
Another project that has impressed the Working Group is the Bail Supervision and
Verification Programme in Toronto (the “Toronto Bail Programme”), which - with funding
provided by the provincial government - assists accused persons who otherwise would be denied
bail to obtain a judicial release. In this programme, Toronto Bail Programme staff interview
potential clients (i.e. remand detainees seeking release who are otherwise unlikely to obtain bail)
and conduct a detailed analysis of the detainee’s situation. Based on this information, the
programme decides whether or not it will accept the client. If the Toronto Bail Programme
accepts the client, it will then supervise compliance by the accused person with the terms and
conditions imposed by the bail court. At any time, hundreds of persons in the Toronto area who
would otherwise be in remand detention are not deprived of their liberty, but under the
supervision of the Toronto Bail Programme.
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