R. v. Paul

The court has the authority to adjourn a bail hearing of its own motion as an implied power necessary for the functioning of a statutory court; applying that authority here, the court properly adjourned the bail hearing and set a new date within three clear days to allow defence counsel to return.

Citation: 2022 NSPC 60
Parties: Prosecutor: His Majesty the King; Accused: Jeremiah Paul
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 28 September 2022
Procedural Posture: Criminal Bail Hearing / Adjournment Decision
Outcome: Bail hearing adjourned by the court of its own motion.
Legal Topics: Adjournment, Bail, Remand, Judicial Authority, Reverse Onus
Source Language: English

Criminal Law Procedural Law Bail/pre Trial Adjournment Bail Remand Judicial Authority Reverse Onus

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 1

Parties

His Majesty the King

Prosecutor

Jeremiah Paul

Accused

Procedural Posture

Criminal Bail Hearing / Adjournment Decision

Legal Issues

1 Whether a court may adjourn a bail hearing of its own motion
2 Interpretation and application of s.516(1), s.515 and s.524 of the Criminal Code
3 Distinction between remand under s.516 and detention under s.515

Ratio Decidendi

Court Disposition

Bail hearing adjourned by the court of its own motion.

Orders

Adjournment granted and new bail hearing to be held within three clear days to allow defence counsel to return.
Accused remanded to custody until the adjourned hearing date (remand to be effected by warrant as applicable).