The Illusion of Liberty: Examining the Experiences of Accused on Judicial Interim Release (Bail) in Canada
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Authors
Stewart, Emily
Date
Type
thesis
Language
eng
Keyword
bail , conditions of release , failure to comply , risk , preventative justice , presumption of innocence
Alternative Title
Abstract
Most accused who are arrested and held for a bail hearing in Canada are eventually released on bail and are generally subject to a number of conditions. While scholars have written about incarceration and release after sentencing, there is very little research on the experiences of those on judicial interim release (bail). Using data from interviews conducted with people who have been on bail in Ontario, Canada, this paper investigates the release experience. The aim of this research was to develop clear insights into the impact that supervision and conditions have on accused persons. Results suggest that the release experience is highly subjective and is often contingent on an accused’s social context, background, and lived experiences. Due to numerous highly normative assumptions held by the courts, society’s most marginalized and vulnerable often experience the most challenges and hardships on release. These data suggest that for some, there is often an illusion of liberty while on judicial interim release (bail) in Canada.
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Copying and Preserving Your Thesis
This publication is made available by the authority of the copyright owner solely for the purpose of private study and research and may not be copied or reproduced except as permitted by the copyright laws without written authority from the copyright owner.
ProQuest PhD and Master's Theses International Dissemination Agreement
Intellectual Property Guidelines at Queen's University
Copying and Preserving Your Thesis
This publication is made available by the authority of the copyright owner solely for the purpose of private study and research and may not be copied or reproduced except as permitted by the copyright laws without written authority from the copyright owner.