R. v. Paul-Marr

R. v. Paul-Marr

The court found the Crown failed to adduce evidence that the accused is a flight risk; given her limited financial means, longstanding family and community ties, history of attending court and absence of evidence of capacity to abscond, the applicant showed cause to vary the undertaking. The travel prohibition was removed but replaced by specific notification and reporting conditions to ensure attendance at court.

Citation
2007 NSPC 29
Parties
Prosecution: Her Majesty the Queen; Accused: Jeannette Paul-Marr
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 May 2007
Procedural Posture
Criminal / Application to Vary Undertaking (bail) Pre Trial
Outcome
Undertaking varied; travel prohibition removed subject to conditions
Legal Topics
Breach of Trust, Criminal Breach of Trust, Flight Risk Assessment, Conditions of Release, Gladue Principles, Sections 515(10)(a) and 523(2)(c)
Source Language
English
Criminal Law Bail and Pre Trial Release Aboriginal Law Breach of Trust Criminal Breach of Trust Flight Risk Assessment Conditions of Release Gladue Principles +1 more

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Parties

Her Majesty the Queen

Prosecution

Jeannette Paul-Marr

Accused

Procedural Posture

Criminal / Application to Vary Undertaking (bail) Pre Trial

Legal Issues

  1. 1 Whether the accused has shown cause to vary the travel prohibition in her undertaking
  2. 2 Whether the accused is a flight risk under s.515(10)(a) of the Criminal Code
  3. 3 Whether and to what extent Gladue principles are relevant to the bail/variation analysis

Ratio Decidendi

The court found the Crown failed to adduce evidence that the accused is a flight risk; given her limited financial means, longstanding family and community ties, history of attending court and absence of evidence of capacity to abscond, the applicant showed cause to vary the undertaking. The travel prohibition was removed but replaced by specific notification and reporting conditions to ensure attendance at court.

Court Disposition

Undertaking varied; travel prohibition removed subject to conditions

Orders

  • Notify Indian Brook RCMP no later than 5 days before departing Nova Scotia and, if known, provide expected return date
  • Provide Indian Brook RCMP with Diane Longboat's address and telephone numbers