Pre-trial Detention and Bail: Criminalization of Legally Innocent Women in Canada

Abstract

On an average day in Canada, more people are held in pretrial detention than those sentenced in custody. These legal processes harshly impact marginalized groups, particularly women because they have historically been stigmatized and discriminated against in the Criminal Justice System [CJS]. This article identified how the pretrial detention and bail systems exacerbate the challenges women encounter when they engage with the legal system, intensifying the adversities they've previously experienced. To achieve this, we analyzed legal frameworks, principles, and practices through the lens of various feminist criminological perspectives. Our article highlights how historical mechanisms of control and punishment have perpetuated the subordination of women in a patriarchal setting. It's crucial to recognize that criminal law has often overlooked the distinct needs and realities of women, largely because these laws and procedures were crafted by men and tailored primarily to male experiences. Therefore, educational campaigns for legal actors raising awareness about the impact of their decisions on women's lives could be a short-term strategy for helping them to make informed and holistic choices.