Growing Number of Accused’s Being Released Due to COVID-19 Fears

Cory Wilson is a Calgary criminal defence lawyer serving all of Alberta. He represents individuals charged with any criminal offence including bail hearings.

Extraordinary times have called for extraordinary measures. A growing number of prisoners are being released from remand centers across the country while awaiting trial. Though courts have all but shut down, except for emergent matters, detainees who were otherwise not suitable candidates for bail are bringing successful bail applications due to the threat of COVID-19 in our jails and prisons. 

Over the past two weeks, a flurry of bail decisions from across the country, at all levels of court, have suggest that even inmates accused of serious violent crimes can be released based on the threat COVID-19 poses in our institutions. 

Bail decisions show that even detainees with lengthy criminal records are winning release. In one case, the judge wrote that in normal times, the applicant would not be releasable, but these were not normal times. The trial judge quoted a report field by defence that concluded prison inmates were more vulnerable to the new coronavirus because of their confined conditions. 

In another decision, the judge quoted Prime Minister Trudeau from a press conference in which he was “very concerned” there could be a “greater vulnerability to COVID-19” in our prisons. 

With large numbers of inmates living in very close proximity, prisons are believed to be at an elevated risk of COVID-19, prompting federal and provincial prisons and remand centers to implement measures to prevent the rapid spread of the virus. 

Prions are a virus kindling that once ignited, could set off an unstoppable fire. It isn’t just the inmates who are at risk should the virus spread. Prison guards, health care workers, probation officers, delivery drivers and administrators all face a heightened risk should the virus spread. While inmates are confined to the institution, everyone in the other group goes out into the community every day and could significantly increase the spread. 

Judges must look at a variety of factors when considering whether a detainee is a suitable candidate for release. Now, COVID-19 is increasingly tipping the scales towards release. Recommended social distancing and frequent hand washing which are required protection are not available for inmates. Judges are not criticizing institutions, but are simply pointing out the obvious.  

Crown Prosecutors have been fighting an uphill battle trying to convince judges that COVID-19 is under control in prisons and that public confidence would be undermined if those facing serious charges were released. 

While it is unknow how long the virus will last or what tomorrow brings, one thing that is certain is that more and more prisoners will be bringing renewed bail applications seeking their freedom.

Cory Wilson is a criminal defence lawyer based in Calgary. If you have been charged with a criminal offence or are a suspect in a criminal investigation, call today for a free, no obligation consultation.