R. v. Saulnier

R. v. Saulnier

Section 525 hearings are de novo assessments focused primarily on whether continued detention is justified under s.515(10); the accused seeking release bears the onus to satisfy the court of changed circumstances or inadequacy of original grounds for detention; on the facts the proposed sureties and release plan were inadequate, there was no persuasive new evidence (the alibi lacked weight) and trial was imminent, therefore continued detention was justified and release was properly denied.

Citation
2012 NSSC 45
Parties
Provincial Crown: Her Majesty The Queen; Accused: Douglas David Saulnier
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 January 2012
Procedural Posture
Criminal Section 525 Pre Trial Detention Review / Section 525 Review Hearing (pre Trial Custody Review)
Outcome
Application to vary bail/for release under s.525 denied; accused remains detained pending trial.
Legal Topics
Section 525 Review, Section 515(10) Factors, Burden of Proof on Bail Review, Surety Assessment, Trial Delay/right to Timely Trial, Record for Review Hearings, Admissibility of New Evidence at Review
Source Language
English
Criminal Law Bail/pre Trial Detention Procedural Law Section 525 Review Section 515(10) Factors Burden of Proof on Bail Review Surety Assessment Trial Delay/right to Timely Trial +2 more

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Parties

Her Majesty The Queen

Provincial Crown

Douglas David Saulnier

Accused

Procedural Posture

Criminal Section 525 Pre Trial Detention Review / Section 525 Review Hearing (pre Trial Custody Review)

Legal Issues

  1. 1 Whether an accused who consented to remand or who did not have an initial show cause hearing is nevertheless entitled to a s.525 review
  2. 2 What constitutes the 'record' for a s.525 review and who must produce it
  3. 3 Whether s.525 hearings are limited to review of the existing record or permit de novo consideration including new evidence

Ratio Decidendi

Section 525 hearings are de novo assessments focused primarily on whether continued detention is justified under s.515(10); the accused seeking release bears the onus to satisfy the court of changed circumstances or inadequacy of original grounds for detention; on the facts the proposed sureties and release plan were inadequate, there was no persuasive new evidence (the alibi lacked weight) and trial was imminent, therefore continued detention was justified and release was properly denied.

Court Disposition

Application to vary bail/for release under s.525 denied; accused remains detained pending trial.

Orders

  • Douglas David Saulnier to remain in custody pending trial set for March 5 and 6, 2012
  • No directions to expedite the trial were given