R v Ross

R v Ross

Taking into account the accused's prolonged remand, mental-health treatment response to long-acting antipsychotic medication, lack of flight risk, the nature and seriousness of the charges, and the ability to monitor compliance through probation supervision, the accused has shown cause under s.515(10) that continued detention is not justified; he is admitted to bail on specified, minimal and targeted conditions (Appendix A); the earlier release order from 18 June 2024 is cancelled insofar as indictable offences were committed after it, and the police undertaking remains valid; sentencing and trial dates remain as scheduled.

Citation
2025 NSPC 7
Parties
Crown/prosecution: His Majesty the King; Accused: Martin Andrew Ross
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 March 2025
Procedural Posture
Criminal Bail Hearing (reverse Onus) / Bail Hearing on Remand; Some Matters Proceeding to Trial; Guilty Pleas Entered on Separate Matters; Sentencing Scheduled
Outcome
Accused released on conditions contained in Appendix A; prior release order 2586798 cancelled for offences committed after it; police undertaking 2636593 remains in force; sentencing scheduled and presentence report ordered
Legal Topics
Bail (s.515), Reverse Onus (s.515(6)), Undertakings and Release Orders (s.501, S.524), Bail Conditions and Principle of Restraint (zora), Bail Following Guilty Plea/sentence Scheduling (s.518, S.523)
Source Language
English
Criminal Law Bail and Pre Trial Release Mental Health and Fitness Bail (s.515) Reverse Onus (s.515(6)) Undertakings and Release Orders (s.501, S.524) Bail Conditions and Principle of Restraint (zora) Bail Following Guilty Plea/sentence Scheduling (s.518, S.523)

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Parties

His Majesty the King

Crown/prosecution

Martin Andrew Ross

Accused

Procedural Posture

Criminal Bail Hearing (reverse Onus) / Bail Hearing on Remand; Some Matters Proceeding to Trial; Guilty Pleas Entered on Separate Matters; Sentencing Scheduled

Legal Issues

  1. 1 Whether the accused has shown cause that detention is not justified under s.515(10) of the Criminal Code
  2. 2 Application and effect of the reverse onus in s.515(6)(a) and (c) and s.524(4)
  3. 3 Whether a police undertaking not signed by the accused remains valid (s.501(6))

Ratio Decidendi

Taking into account the accused's prolonged remand, mental-health treatment response to long-acting antipsychotic medication, lack of flight risk, the nature and seriousness of the charges, and the ability to monitor compliance through probation supervision, the accused has shown cause under s.515(10) that continued detention is not justified; he is admitted to bail on specified, minimal and targeted conditions (Appendix A); the earlier release order from 18 June 2024 is cancelled insofar as indictable offences were committed after it, and the police undertaking remains valid; sentencing and trial dates remain as scheduled.

Court Disposition

Accused released on conditions contained in Appendix A; prior release order 2586798 cancelled for offences committed after it; police undertaking 2636593 remains in force; sentencing scheduled and presentence report ordered

Orders

  • Accused admitted to bail on the conditions set out in Appendix A (form of release order) to apply to all matters before the Court
  • Release order 2586798 cancelled (release following offences committed after 18 June 2024)