Superior Court Decisions Flashcards
What is R v Antic?
R. v. Antic, 2017 SCC 27, changed the landscape of judicial interim release in Canada. With Antic, the Supreme Court of Canada reestablished the presumption of innocence and the necessity for reasonable bail based on individual circumstances.
Antic provided new directives to bail courts. The Court made it clear that _________ is the default position and imposed a ___________ which places a burden on the Crown to show why restrictive forms of release should be imposed.
unconditional release ladder principle
Accused persons are constitutionally presumed ______, and the corollary to the presumption of innocence is the constitutional right to ________
innocent, bail.
section ___ guarantees both the right not to be denied bail without just cause and the right to bail on reasonable terms
11
Save for exceptions, an ______________is the default position when granting release
unconditional release on an undertaking
the _______ articulates the manner in which alternative forms of release are to be imposed
ladder principle release is favoured at the earliest reasonable opportunity and, having regard to the [statutory criteria for detention], on the least onerous grounds’
If the Crown proposes an alternative form of release, it must
must show why this form is necessary. The more restrictive the form of release, the greater the burden on the accused
Each rung of the ladder must be considered _________
individually
__________ should not be imposed unless all the less onerous forms of release have been considered and rejected as inappropriate.
surety
It is not necessary to impose _______ on accused persons if they or their sureties have reasonably recoverable assets and are able to pledge those assets to the satisfaction of the court to justify their release.
cash bail
When such exceptional circumstances exist and cash bail is ordered, the amount must ____________
not be set so high that it effectively amounts to a detention order.
Terms of release imposed under s. 515(4) may ‘only be imposed to the extent that they are necessary’ to address concerns related to the statutory criteria for detention and to ensure that the accused can be released. They must not be imposed to _______________________
to change an accused person’s behaviour or to punish an accused person
R v Zora, 2020 SCC 14 is a case in which the Supreme Court of Canada held unanimously that the offence of breaching bail conditions under the Criminal Code requires
subjective mens rea.[2][3] SCC unanimously ruled that an accused must subjectively know they are breaching their bail conditions to be convicted.
establishing that the accused breached a condition of bail ________ OR ________
knowingly or recklessly.
what is S. 493 {1} ?
Principle of restraint
493.1 In making a decision under
when making a decision, a peace officer, judge, or justice must prioritize the release of the accused at the earliest possible time. The release should be on the least onerous conditions that are appropriate for the circumstances. The conditions should be reasonably practicable for the accused to comply with.
what is s .493{2}
Aboriginal accused or vulnerable populations
493.2 In making a decision under this Part [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)], a peace officer, justice or judge shall give particular attention to the circumstances of
(a) Aboriginal accused; and
(b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)].
2019, c. 25, s. 210.
[annotation(s) added]
Section 11(e) – Right not to be ________________
denied reasonable bail without just cause
Section 493.2 is broadly inclusive. The following are examples of accused who have been found to belong to “vulnerable, overrepresented populations historically disadvantaged in obtaining bail”:
- racialized individuals, particularly Black individuals6 * individuals who suffer from mental illness7 * individuals living in poverty and with addictions8 * low-income people with no fixed address, no cell phone, and few if any supports in the * community9
Section 515(10) of the Criminal Code provides that bail may be denied in three situations:
where it is “necessary to ensure his or her attendance in court”;
where it is “necessary for the protection or safety of the public” or
where it is “necessary to maintain confidence in the administration of justice”.
