“Jailers in the Community”: Responsibilizing Private Citizens as Third-Party Police

Abstract

To ameliorate pre-trial risk and provide some insurance to the court, a surety – someone who agrees to supervise an accused while on bail and promises a sum of money if the accused fails to appear in court, commits an offence, or breaches a condition of their release – is required. Despite a legal framework that stipulates a presumption of release on unconditional bail, sureties are presumed to be required for most releases in Ontario. As an organizational risk management tool, sureties are responsibilized to take on a third-party policing function, offering the state access to private spaces for enhanced governance and surveillance. In assigning policing powers and responsibilities to private citizens, the state is extending its policing capacities, sharing its authority while simultaneously expanding its regulatory power.

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