Pre-trial release

Question 1

Where the police charge but do not arrest a person, attendance of the accused can be

Answer 1

compelled by an appearance notice (Form 9)

Question 2

Where an accused is charged with a summary offence, what does not apply?

Answer 2

The Identification of Criminaks Act, so the accused is not fingerprinted and photographed

Question 3

What is an undertaking?

Answer 3

Form 10, a promise made by the accused person to the police to abide by certain conditions necessary for public safety and for monitoring the accused person while on release

Question 4

Failure to comply with an undertaking is

Answer 4

a criminal offence

Question 5

Which Charter right protects a person’s right to not be denied reasonable bail?

Answer 5

Section 11(e)

Question 6

Paralegals can rep someone at a bail hearing only when

Answer 6

They are charged with a summary offence. A hybrid charge is considered indictable until deemed otherwise, which happens after bail hearings

Question 7

Police must take an arrested person who has not been released, before a judge. This must occur:

Answer 7

• asap, without unreasonable delay, within 24 hrs or
• where a justice is not available within the 24 hour window, as soon thereafter as possible

Question 8

An adjournment for bail hearings may be obtained when

Answer 8

prosecutors may wish to make further inquiries about the accused person or the alleged offences. The adjournment may be for up to 3 clear days.

Where an adjournment goes beyond 3 days due to systemic inability to accomodate a lengthy bail hearing, may result in a stay of proceeding for abuse of process.

Question 9

The onus for proving why bail conditions should be imposed is

Answer 9

on the prosecutor, to demonstrate cause as to why the accused’s detention in custody is justified or why a more onerous form of release ought to be ordered. must be demonstrated on a balance of probabilities

Question 10

When does the onus shift to the accused to prove why they should be released on bail?

Answer 10

When charged with certain offences, two of which apply to paralegals:
- when the accused has been charged with an offence where violence was allegedly used against an intimate partner
- where the accused has been previously convicted of an offence where violence was used against an intimate partner

Question 11

What is a surety?

Answer 11

A person known to the accused who makes a solemn declaration that they will pay a specified sum of money to the Ctown if the accused fails to abide by any of the conditions listed in the release form (Form 12)

Question 12

What kind of responsibilities do sureties have?

Answer 12

Sureties have a significant legal obligation and are subject to significant pexunary liability. The extent to which the surety is liable for a breach is a relevant factor in determining whether forfeiture should be ordered and the sum forfeited.

Question 13

When is the condition prhibiting weapons always imposed?

Answer 13

If the accused is charged with any of the following offences:
- a violent offence against a person was attempted, threatened or used
- criminal harrasment
- an offence involving certain weapons

Question 14

What is a judicial referral hearing?

Answer 14

a procedure designed to divert offences committed against the integrity of the justice system out of criminal courts, where the offence has not caused harm to a victim

Question 15

After receiving an appliction from the person having custody of an accused, the judge must

Answer 15

fix a date for the hearing, at the earliest opportunity. Notice must be given to all parties, including the prosecutor and accsed

Question 16

What matters are considered at the hearing?

Answer 16

whether the continued detention of the accused is justified under section 515(10) on any of the three possible grounds