On April 1, 2019, the Director of Public Prosecutions directed federal Crown prosecutors to minimize detentions for breaches of bail conditions, in part by no longer imposing the following bail conditions on people experiencing addiction:
- ‘Abstinence’ conditions, which criminalize people who possess and use illicit drugs;
- Prohibitions on carrying ‘drug paraphernalia’, including pipes and syringes, which impede access to life-saving harm reduction equipment and healthcare; and
- Area restrictions (or “red zones”), which banish people from the spaces, services, and communities they rely on.
Bail conditions are court orders imposed on people who are charged with an offence, but who are not incarcerated. While conditions are intended to address the particular circumstances of an accused and the offence at issue, the majority of people we work with are subject to broad “behavioural conditions” designed to control their everyday activities. For example, someone charged with a drug-related offence might be released on bail with conditions that they not possess drugs or even the drug paraphernalia (harm reduction equipment) that allows for safer use. Someone charged with an offence might also be “red zoned”—or prohibited from being in a geographic area, oftentimes a city block or an entire neighbourhood, and the services located within. As one participant put it:
[The red zone is] where all your services are. That’s where your food is, that’s where your doctors are, that’s where mental health is, that’s where the library is, that’s where your harm reduction is… That’s where basically any kind of service for street people or homeless or low income [people], that’s where it is.
For people living at the intersections of homelessness, drug use, and class-based oppression, these bail conditions make daily activities and interactions more dangerous and near-impossible. Bail conditions have a particularly negative impact on Indigenous and Black communities, who are already subject to over-policing.Read more