R. v. Vandewater

R. v. Vandewater

The court adopts the approach in R. v. Sarkozi: s.525 mandates a statutory review of detention at the prescribed period and a judge hearing a s.525 application may consider unreasonable delay but a finding of unreasonable delay is not a prerequisite threshold to a full reconsideration of bail; the ordinary wording of s.525(3) controls.

Citation
2014 BCSC 2502
Parties
Prosecution: Regina; Accused: Warren Clifford Vandewater
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 November 2014
Procedural Posture
Criminal Pre Trial Detention/bail Review / Section 525 Review Scheduling; Pre Trial Detention Review Pending Trial
Outcome
Court follows R. v. Sarkozi and directs that the s.525 review proceed; matter to be set for hearing
Legal Topics
Section 525 Criminal Code, Unreasonable Delay, Judicial Interim Release, Breach of Release Conditions
Source Language
English
Criminal Law Bail and Pre Trial Detention Statutory Interpretation Section 525 Criminal Code Unreasonable Delay Judicial Interim Release Breach of Release Conditions

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Parties

Regina

Prosecution

Warren Clifford Vandewater

Accused

Procedural Posture

Criminal Pre Trial Detention/bail Review / Section 525 Review Scheduling; Pre Trial Detention Review Pending Trial

Legal Issues

  1. 1 Whether s.525(3) of the Criminal Code requires a threshold finding of unreasonable delay before a full s.525 bail/review hearing may proceed
  2. 2 Proper statutory interpretation of the phrase 'the judge may' in s.525(3)
  3. 3 Scope of judicial reconsideration of detention at the 90‑day statutory review

Ratio Decidendi

The court adopts the approach in R. v. Sarkozi: s.525 mandates a statutory review of detention at the prescribed period and a judge hearing a s.525 application may consider unreasonable delay but a finding of unreasonable delay is not a prerequisite threshold to a full reconsideration of bail; the ordinary wording of s.525(3) controls.

Court Disposition

Court follows R. v. Sarkozi and directs that the s.525 review proceed; matter to be set for hearing

Orders

  • Matter to be placed on the general chambers list to fix a date for the s.525 hearing to determine whether the accused should be released from custody