Even though the rate of bail violations in Somerset ward has dropped over the last two years, there are still criticisms over the pre-trial detention conditions and the fairness of Ontario’s bail system as a whole.

Since 2012, bail violations in Centretown have dropped 23 per cent, according to an analysis of Ottawa Police Services data.

In 2013 there were 578 charges of bail violation. In 2012, that number was 749.

But Somerset ward still has the highest rate of bail violations in the city, with a rate of 150 per 10,000 compared to the next highest–Rideau-Vanier–which has a rate of 64 per 10,000.

Somerset also makes up 40 per cent of the total charges of bail violation in the entire city.

Daniel Nugent, an Ottawa criminal defence lawyer said this percentage isn’t surprising.

“If you live outside of downtown, you’re less likely to be noticed by the police. But downtown is where all the activity is. If you want to buy or sell drugs, downtown is where to do it. These activities are concentrated by the shelters downtown.”

The way the bail system works in Ontario, anyone charged with a crime appears before either a judge or a justice of the peace where a decision is made on whether a person will remain in jail before trial, or whether they can be released with a promise to appear for trial.

“The most important question is whether or not the person has a record of failing to comply with court orders in the past,” Nugent said. “The justice of the peace determines things like flight risk, the likelihood to reoffend and the likelihood of causing harm. These are all taken into consideration when deciding bail.”

But the variety of restrictions that can be placed on this freedom is where many people come into trouble since bail violation is a criminal offence.

“With a lot of bail conditions, there are a lot of breaches. If you have a curfew and you’re out too late, it isn’t serious, but you’ve breached your probation.” Nugent said. “If you fail to report to your probation officer on the exact day or time, you could be charged with a bail violation.”

These restrictions have caused some to question the fairness of Ontario’s bail courts.

In 2013, the Canadian Civil Liberties Association published a report “Set up to fail: Canada’s Bail Courts” which criticised the system as being “chaotic and unnecessarily risk-averse.”

“Numerous and restrictive conditions, imposed for considerable periods of time, are setting people up to fail – and failing to comply with a bail condition is a criminal offence, even if the underlying behaviour is not otherwise a crime,” the report said.

Abby Deshman, one of the report’s authors, said this data is consistent with the results of her nation-wide study.

She said the main problem with the high number of bail violations is unrealistic restrictions placed on offenders with a history of alcohol and drugs.

“By placing abstinence restrictions on addicts, you’re just setting them up to fail,” Deshman said.

The Canadian Civil Liberties Association is not alone in its criticism of the bail system, especially after a decision has been made to detain the accused – either before bail has been awarded or after it has been violated.

In 2002, the Supreme Court of Canada criticised pre-trial detention for having “concrete and profound deleterious effects on the accused.”

“There are demonstrated and troubling correlations between pre-trial detention and both the ability to present a defence and the eventual outcome of the trial,” the Court said.  “Moreover, an accused placed on remand is often subjected to the worst aspects of our correctional system by being detained in dilapidated overcrowded cells without access to recreational or educational programs.”

But Nugent said ultimately, the system works.

“In fairness, the bail system in Canada isn’t that bad. It’s a fairly reasonable system. It’s when you breach the system numerous times – I have clients who beat their girlfriend, then get out of jail and do it again. When you repeatedly violate bail, you’ll be charged,” he said.

Deshman said law enforcement should use discretion with setting bail conditions. The focus should be on violent offenders rather than non-violent ones.

“It makes sense to place restrictions on people charged with domestic assault and violent offenders, these help public safety and protect victims,” she said.

In light of the shootings in Ottawa, Oct. 22, the Ottawa Police Services were unavailable for comment for this story.