Bail Hearings

Question 1

What is a Bail Hearing?

Answer 1

when accused is not released, then accused is taken before a justice to determine suitability for release

Question 2

When does a Peace Officer have to take accused before a Justice?

Answer 2

s.503(1)
arrests a person with/without warrant:
- has not released under another provision
- SHALL, if a justice is available, take the person before a justice within 24 Hours without reasonable delay
AND
- if a justice is not available within 24 hours SHALL take the person as soon as practicable

Question 3

What is Re-evaluation of Detention?

Answer 3

s. 503(1.1)
- at any time before expiry of 24 hours or before taking to justice
- if a peace officer decides that continued detention for an offence other than s.469 offence is no longer necessary, a peace officer SHALL release
- on an appearance notice OR
- on an undertaking

Question 4

Show Cause Hearing - Crown Onus?

Answer 4

s.515
- default position of court - release with no conditions or financial obligations
- reasonable opportunity for prosecutor to show cause why detention or conditions are justified

Question 5

Show Cause - Justification of Detention

Answer 5

s. 515(10)
Primary Grounds
- ensure court attendance

Secondary Grounds
- Protection/Safety of public and victim/witness, substantial likelihood if accused is released, they will commit a criminal offence or interfere with administration of justice

Tertiary Grounds - maintain confidence in administration of justice including:
- strength of prosecutors case
- gravity of offence
- circumstances surrounding the offence, including if firearm is used
- accused as potential to a lengthily term of imprisonment

Question 6

Reverse Onus

Answer 6

s. 515(6)
the ACCUSED must show cause why they should be released when charged with:
- an indictable offence when already on release for another indictable offence
- certain listed offences committed with a firearm
- any offence involving a firearm/prohibited weapon
- an indictable offence and not ordinarily a resident of Canada
- fail to comply offence committed while at large - 145(2)

Question 7

Fail to Comply Offences

Answer 7

• fail to attend court or surrender
• fail to comply with appearance notice or summons
• fail to comply with undertaking

Question 8

Judicial Referral Hearing

Answer 8

Appearance Notice
- reasonable grounds
- fail to comply with summons, appearance notice, undertaking, release order OR
- failed to attend court as required
- did not cause victim any harm
- THIS IS NOT AVAILABLE FOR BREACHES OF PROBATION

Allows police to refer an accused to hearing if:
- condition of release has been breached
- failed to attend court or fingerprints WHEN
- no harm caused to victim, property damage, or economic loss