Bail

Question 1

Reverse Onus - 515(6)

Answer 1

1. an indictable offence, other than listed at 469 (while on release)
2. indict offence, other than listed at 469, and not ordinarily resident of Canada
3. an offence under 145(2)-145(5) while on release or pending appeal
4. offence punishable by life imprison. under 5(3), 6(3), 7(2) (including conspiracies
5. IPV if record for previous IPV

Question 2

Grounds for Detention – s. 515(10)

Answer 2

1) Primary: necessary to ensure attendance in court
2) Secondary: detention necessary for protection/safety of public (vic/wit) having regarding to all circums. Including substantial likelihood to reoffend or interfere with admin of justice
3) Tertiary: necessary to maintain confidence in the admin of justice, having regard to all circums +:
a. Apparent strength of Crown case
b. Gravity of offence
c. Circums surrounding commission, including whether firearm used
d. Accused, upon conviction, liable to potential lengthy term of prison, or if with firearm, a min of 3 yrs or more (R. v. Hall – to be used sparingly)

Question 3

Non-Communication Orders

Answer 3

• 515(12) if detained, 516(2) if remanded

- 517(1) publication ban – until discharged after prelim or end of trials

Question 4

Adjournment – s. 516(1)

Answer 4

On application by Crown or D/C, judge may adjourn for no more than 3 clear days (day of adjourn and day scheduled not counted in calculation as per Interpretation Act)

Question 5

Evidence at Bail – s. 518

Answer 5

• Any evidence that is trustworthy and credible (same as bail)
• Withdrawn/Dismissed charges admissible at times – R. v. Gamelin
• Broad scope – Toronto Star Newspapers v. R.

Question 6

IPV - s. 515(4.2)

Answer 6

Bill 233 adds a requirement that a judge consider GPS monitoring for IPV explicitly if requested by the Crown.