R. v. Thompson

R. v. Thompson

The automatic inclusion of a remain-within-province condition in police-issued Form 11.1 undertakings is unlawful absent sufficient grounds to believe the accused poses a flight risk; police must apply the detention/bail grounds in s.515(10) when deciding to impose such a condition, and on the facts with prosecution consent the remain-within-province condition was deleted.

Citation
2013 NSPC 124
Parties
Crown: Her Majesty the Queen; Accused: Glenn Smith Thompson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 December 2013
Procedural Posture
Criminal Bail Variation / Application to Vary Form 11.1 Undertaking Under S.515.1 Criminal Code
Outcome
Application granted; paragraph A of the undertaking deleted
Legal Topics
Form 11.1 Undertaking, Variation of Undertaking, Remain Within Province Condition, Flight Risk, Section 515.1 Criminal Code, Judicial Confirmation of Undertakings
Source Language
English
Criminal Law Bail Constitutional Law Police Powers Form 11.1 Undertaking Variation of Undertaking Remain Within Province Condition Flight Risk +2 more

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Parties

Her Majesty the Queen

Crown

Glenn Smith Thompson

Accused

Procedural Posture

Criminal Bail Variation / Application to Vary Form 11.1 Undertaking Under S.515.1 Criminal Code

Legal Issues

  1. 1 Whether the automatic inclusion of a remain-within-province condition in Form 11.1 undertakings is lawful
  2. 2 Whether police must have grounds equivalent to s.515(10) when releasing on Form 11.1
  3. 3 Whether the remain-within-province condition should be deleted in this case given the accused's employment and lack of flight risk

Ratio Decidendi

The automatic inclusion of a remain-within-province condition in police-issued Form 11.1 undertakings is unlawful absent sufficient grounds to believe the accused poses a flight risk; police must apply the detention/bail grounds in s.515(10) when deciding to impose such a condition, and on the facts with prosecution consent the remain-within-province condition was deleted.

Court Disposition

Application granted; paragraph A of the undertaking deleted

Orders

  • Paragraph A of undertaking order 1580119 deleted
  • Accused to sign revised paperwork and is released