R. v. Baker

R. v. Baker

The court found that changed circumstances — confirmed acceptance into a supervised New Visions residential program, strict 24-hour residence (house arrest) with limited, staff‑supervised exceptions, comprehensive no‑contact and movement restrictions, phone surrender and inspection, and an increased $2,500 cash...

Source-derived case information.

Citation
2021 BCSC 1103
Parties
Crown: Regina; Accused: Jason Reece Baker
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 April 2021
Procedural Posture
Criminal Bail Review Under S.525 Criminal Code / Section 525 Detention Review Following Initial Bail Denial
Outcome
Accused released on strict conditions
Legal Topics
Section 525 Criminal Code Review, Reverse Onus Bail Situations, Primary/secondary/tertiary Grounds for Detention, Conditions of Release (house Arrest, Cash Bail, Sureties), Sexual Offences (s.151, S.152), Extortion and Harassment (s.346, Criminal Harassment), Substance Abuse Treatment in Bail Context, Precedents: Antic, Myers, Zora
Source Language
english
Criminal Law Bail and Pretrial Release Procedural Law Section 525 Criminal Code Review Reverse Onus Bail Situations Primary/secondary/tertiary Grounds for Detention Conditions of Release (house Arrest, Cash Bail, Sureties) Sexual Offences (s.151, S.152) +3 more

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Parties

Regina

Crown

Jason Reece Baker

Accused

Procedural Posture

Criminal Bail Review Under S.525 Criminal Code / Section 525 Detention Review Following Initial Bail Denial

Legal Issues

  1. 1 Whether continued detention under s.525 is justified
  2. 2 Whether the accused's proposed release plan (24-hour residence at New Visions, increased cash deposit) reduces risk to an acceptable level
  3. 3 Applicability of ladder principle in reverse onus situations

Ratio Decidendi

The court found that changed circumstances — confirmed acceptance into a supervised New Visions residential program, strict 24-hour residence (house arrest) with limited, staff‑supervised exceptions, comprehensive no‑contact and movement restrictions, phone surrender and inspection, and an increased $2,500 cash deposit — reduced the substantial likelihood of reoffending to an acceptable level; accordingly continued detention under s.525 was not justified and the accused was released on strict conditions.

Court Disposition

Accused released on strict conditions

Orders

  • Accused to report to a bail supervisor by telephone within 48 hours and thereafter as directed but not less than once per week
  • Reside at a New Visions Society residential facility in the City of Surrey and remain there on a 24-hour basis except as expressly permitted