R. v. Charlie-Tom

R. v. Charlie-Tom

The reverse onus in s.515(6)(a)(viii) does not apply because the indictment does not allege involvement of a listed weapon and allegations in Crown submissions are insufficient to engage the provision; with the Crown bearing the onus, the Court is satisfied on the evidence and the accused's record and inadequate release plan that continued detention on secondary grounds is justified, so the detention continues.

Citation
2020 BCSC 491
Parties
Crown: Regina; Accused: Sakanisin Scotty Charlie-Tom
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 February 2020
Procedural Posture
Criminal Detention Review (s.525 Criminal Code) / Detention Review Hearing
Outcome
Application for release denied; detention continued
Legal Topics
Detention Review Under S.525, Reverse Onus Under S.515(6)(a)(viii), Imitation Firearm Vs Firearm Distinction, Gladue Considerations, Expediting Forensic Testing, Secondary Grounds for Detention
Source Language
English
Criminal Law Bail and Pre Trial Detention Aboriginal Law Evidence and Forensic Testing Detention Review Under S.525 Reverse Onus Under S.515(6)(a)(viii) Imitation Firearm Vs Firearm Distinction Gladue Considerations +2 more

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Parties

Regina

Crown

Sakanisin Scotty Charlie-Tom

Accused

Procedural Posture

Criminal Detention Review (s.525 Criminal Code) / Detention Review Hearing

Legal Issues

  1. 1 Whether s.515(6)(a)(viii) reverse onus applies absent an allegation in the charging document that a listed weapon was involved
  2. 2 Whether continued detention on secondary grounds is justified
  3. 3 Whether the accused's proposed release plan adequately mitigates risk

Ratio Decidendi

The reverse onus in s.515(6)(a)(viii) does not apply because the indictment does not allege involvement of a listed weapon and allegations in Crown submissions are insufficient to engage the provision; with the Crown bearing the onus, the Court is satisfied on the evidence and the accused's record and inadequate release plan that continued detention on secondary grounds is justified, so the detention continues.

Court Disposition

Application for release denied; detention continued