France v. Campion
- Citation
- 2001 BCCA 615
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- British Columbia Court of Appeal
- Decision
- 5 October 2001
- Posture
- Extradition; Bail Review / Appeal; Arrest on Warrant for Breach of Release Conditions Pending Extradition Review
- Language
- English
More details
- Court
- British Columbia Court of Appeal
- Decision
- 5 October 2001
- Posture
- Extradition; Bail Review / Appeal; Arrest on Warrant for Breach of Release Conditions Pending Extradition Review
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Because the appellant left the province in violation of explicit release conditions, including failure to deposit travel documents, the Court found him an intolerable flight risk and refused to grant further bail.
Court disposition
Appellant arrested on warrant for breach of release conditions; application for further bail denied.
Orders
- Appellant arrested pursuant to warrant issued by the Chief Justice for violation of release conditions
- Application for further bail refused
02
Material facts
Parties
Republic of France
Respondent Counsel: R. McMeansPatrick Campion
Appellant Counsel: L. MyersAmounts and remedies
- Days Absent From Jurisdiction: 9
03
Procedural history
Posture
Extradition; Bail Review / Appeal; Arrest on Warrant for Breach of Release Conditions Pending Extradition Review
04
Questions and positions
Legal issues
- 01
Whether appellant breached release conditions by leaving the province and failing to surrender travel documents
- 02
Whether appellant should receive further bail given the asserted flight risk
Party arguments
- Applicant
- Appellant's specific arguments are not detailed in the oral reasons; no record of prior written permission to leave the province or justification for travel was provided.
- Respondent
- Crown submitted that the appellant violated clear release conditions by leaving the province and failing to surrender travel documents and therefore constitutes an intolerable flight risk; Crown sought denial of further bail.
05
Court’s reasoning
Legal principles
- 01
Common law principle applied by the Court of Appeal in these reasons
Breach of express bail conditions justifies arrest and may support denial of further bail
- 02
Common law principle applied by the Court of Appeal in these reasons
Flight risk is a principal consideration in bail decisions
06
Ratio, limits and disposition
Ratio decidendi
Because the appellant left the province in violation of explicit release conditions, including failure to deposit travel documents, the Court found him an intolerable flight risk and refused to grant further bail.
Obiter and limits
- Correction of the oral reasons: date is October 5, 2001 rather than October 4, 2001
- Surrender of travel documents is an essential safeguard against flight in extradition-related releases
Court disposition
Appellant arrested on warrant for breach of release conditions; application for further bail denied.
- Appellant arrested pursuant to warrant issued by the Chief Justice for violation of release conditions
- Application for further bail refused
Source and reliance status
British Columbia Court of Appeal · 5 October 2001
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
British Columbia Court of Appeal
Judgment· 5 October 2001
2001BCCA0615 Citation: France v. Campion Date: 20011005 2001 BCCA 615 Docket: CA028674 Registry: Vancouver
COURT OF APPEAL FOR BRITISH COLUMBIA
ORAL REASONS FOR JUDGMENT
BEFORE THE HONOURABLE Madam Justice Rowles October 5, 2001 Vancouver, B.C. BETWEEN:
REPUBLIC OF FRANCE
RESPONDENT AND:
PATRICK CAMPION
APPELLANT L. Myers appearing for the Appellant R. McMeans appearing for the Respondent [1] ROWLES, J.A.: Mr. Patrick Campion has been arrested on a warrant issued by the Chief Justice of this Court for violation of the terms of his release pending a review of a extradition matter. [2] The circumstances that have been described show that he left the jurisdiction on September 13 to fly to London and then to Tunisia, returning on September 22. The conditions of release stipulated that he should remain within the Province of British Columbia, except with the prior written permission of the bail supervisor in advance of his leaving the province; and, secondly, that he deposit his passport, birth certificate or any other travel documents in any name with the Registrar of the Court, and not apply for a new passport, birth certificate or any other travel documents. Clearly, those terms were violated. [3] In view of the background and the circumstances of the violations I am persuaded by the Crown's submission that this man presents an intolerable flight risk, and therefore I would not accede to further bail. "The Honourable Madam Justice Rowles" Correction: Please note that October 4, 2001 should be October 5, 2001.
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