R. v. Marriott

R. v. Marriott

Because a first instance bail hearing concerns an accused's liberty and no court had yet considered interim release, such hearings are prima facie urgent and should be scheduled during the pandemic if they can be conducted with minimal risk; accordingly the court set the hearing with specified safety and procedural measures while reserving the discretion to adjourn if safety or technological issues arise.

Citation
2020 NSSC 149
Parties
Prosecution: Her Majesty the Queen; Accused: Brian James Marriott
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 April 2020
Procedural Posture
Criminal / Pre Trial (judicial Interim Release Application)
Outcome
Application to set date for judicial interim release hearing granted.
Legal Topics
Judicial Interim Release, Bail, First Instance Bail Hearing, Court Operations During COVID 19, Judicial Discretion to Adjourn
Source Language
English
Criminal Law Procedural Law Court Administration Under Emergency Measures Judicial Interim Release Bail First Instance Bail Hearing Court Operations During COVID 19 Judicial Discretion to Adjourn

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Parties

Her Majesty the Queen

Prosecution

Brian James Marriott

Accused

Procedural Posture

Criminal / Pre Trial (judicial Interim Release Application)

Legal Issues

  1. 1 Whether a first instance bail hearing qualifies as urgent under the court's essential services model during the COVID-19 pandemic
  2. 2 Whether the bail hearing can be conducted safely and effectively given public health and technological constraints
  3. 3 Whether the hearing date should be set now or deferred until restrictions are lifted

Ratio Decidendi

Because a first instance bail hearing concerns an accused's liberty and no court had yet considered interim release, such hearings are prima facie urgent and should be scheduled during the pandemic if they can be conducted with minimal risk; accordingly the court set the hearing with specified safety and procedural measures while reserving the discretion to adjourn if safety or technological issues arise.

Court Disposition

Application to set date for judicial interim release hearing granted.

Orders

  • Judicial interim release hearing scheduled for May 5, 2020 at 9:30 a.m.
  • Hearing to be held in one of the two largest courtrooms (301 or 304) to allow social distancing, with an absolute maximum of five persons present in the courtroom