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㽶ƵֱRed zones㽶Ƶֱ keep offenders trapped in criminal justice system: SFU study

Researchers stake aim at geographic restrictions imposed as part of bail or sentencing
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Much of Vancouver㽶Ƶֱs Downtown Eastside is a red zone. (SFU)

Unreasonable 㽶Ƶֱred zones㽶Ƶֱ keep offenders trapped in a life of crime, a new joint study out of Simon Fraser University suggests.

In findings released Tuesday, researchers said geographic restrictions imposed as part of bail or sentencing conditions, known as 㽶Ƶֱred zones,㽶Ƶֱ are often nearly impossible for offenders to keep.

㽶ƵֱRed zones have been an issue㽶Ƶֱ for at least the past decade or so, but they㽶Ƶֱve gone below the radar,㽶Ƶֱ said SFU geography professor Nick Blomely, who wrote the study with teams at the University of Ottawa and the University of Montreal. 㽶ƵֱIt㽶Ƶֱs something that㽶Ƶֱs very, very prevalent in a place like the Downtown Eastside.㽶Ƶֱ

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The SFU team talked to dozens of people in Metro Vancouver who had been assigned 㽶Ƶֱred zones㽶Ƶֱ during a bail or sentencing hearing and found in many cases, these zones included people㽶Ƶֱs homes and heavily restricted their access to social services.

One of the subjects, Paul, was arrested for drug possession in 2013. When he was released on bail the following day, his red zones encompassed both the supervised injection site InSite and Vancouver Area Network of Drug Users offices.

Paul spent the next several years in and out of jail, largely for breaching his red zones.

When Paul㽶Ƶֱs lawyer questioned why his red zones were in the same location as he lived, the judge replied: 㽶ƵֱI guess he㽶Ƶֱs going to have to move.㽶Ƶֱ

Study also takes aim at bail conditions

Blomley questioned why someone like Paul was subject to bail conditions at all.

㽶ƵֱIn the case of bail, no one㽶Ƶֱs been found guilty of an offence,㽶Ƶֱ Blomley said. 㽶ƵֱThe presumption of innocence should apply.㽶Ƶֱ

㽶ƵֱThe top two offences in 2014 in 㽶Ƶֱ Canada were failure to comply with the bail order and breach of probation,㽶Ƶֱ he said. 㽶ƵֱThere are more people in remand than in prison in B.C.㽶Ƶֱ

While bail conditions may seem logical at first, Blomely said, they stray away from the actual legal reasoning behind bail in the first place. Bail, the study said, was meant to neither punish nor rehabilitate.

The study recommended a more judicious approach to red zones that doesn㽶Ƶֱt make abiding by them impossible and trap people into a revolving cycle within the justice system.


katya.slepian@bpdigital.ca

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