R. v. Mastop

R. v. Mastop

Given the cumulative allegations supported by documentary and intercepted communications that the accused used his professional role to assist an organized criminal enterprise and to locate an informant who was later murdered, and having regard to the apparent strength and gravity of the prosecution and the need to maintain public confidence in the administration of justice, it was reasonable and necessary as a condition of release to prohibit the accused from practising law and from possessing weapons/firearms/ammunition; release is therefore granted on conditions including a $25,000 cash deposit.

Citation
2010 BCSC 2023
Parties
Crown: Regina; Accused: William Jacob Mastop
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 January 2010
Procedural Posture
Criminal Judicial Interim Release (bail) Application / Bail Hearing / Judicial Interim Release Decision
Outcome
Accused released on own recognizance with $25,000 cash deposit and subject to multiple bail conditions including prohibition on practising law and possession of weapons/firearms.
Legal Topics
Judicial Interim Release, Reverse Onus, Criminal Organization Offence (s.467.11), Lawyer Misconduct/abuse of Privilege, Bail Conditions, Firearms Possession, Publication Ban
Source Language
English
Criminal Law Bail / Pre‑trial Organized Crime Professional Responsibility Firearms Law Judicial Interim Release Reverse Onus Criminal Organization Offence (s.467.11) +4 more

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Parties

Regina

Crown

William Jacob Mastop

Accused

Procedural Posture

Criminal Judicial Interim Release (bail) Application / Bail Hearing / Judicial Interim Release Decision

Legal Issues

  1. 1 Whether prohibiting the accused from practicing law is a reasonable bail condition
  2. 2 Whether prohibiting the accused from possessing weapons/firearms/ammunition and related licences is a reasonable bail condition
  3. 3 Application of ss.515(10)(b) and (c) regarding protection of the public and maintaining confidence in the administration of justice

Ratio Decidendi

Given the cumulative allegations supported by documentary and intercepted communications that the accused used his professional role to assist an organized criminal enterprise and to locate an informant who was later murdered, and having regard to the apparent strength and gravity of the prosecution and the need to maintain public confidence in the administration of justice, it was reasonable and necessary as a condition of release to prohibit the accused from practising law and from possessing weapons/firearms/ammunition; release is therefore granted on conditions including a $25,000 cash deposit.

Court Disposition

Accused released on own recognizance with $25,000 cash deposit and subject to multiple bail conditions including prohibition on practising law and possession of weapons/firearms.

Orders

  • Release on own recognizance with $25,000 cash deposit
  • The accused shall not engage in the practice of law