R. v. Reddick

R. v. Reddick

The Supreme Court, on s.521 review, vacated the Provincial Court recognizance and, having not ordered release under s.515, necessarily remanded the accused into custody until dealt with according to law; the remand remains in force and does not entitle the accused to a s.515 bail hearing in Provincial Court absent a change-of-circumstances application under s.523(2)(a).

Citation
2016 NSPC 55
Parties
Prosecution: Her Majesty the Queen; Accused: Joseph Nolan Reddick
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 September 2016
Procedural Posture
Criminal / Trial Adjournment and Bail/remand Determination (post S.521 Review)
Outcome
Accused continues remanded in custody until dealt with according to law; no immediate s.515 bail entitlement in Provincial Court on these proceedings
Legal Topics
Judicial Review Under S.521, Remand and Detention, Section 515 Release Options, Interpretation of Court Orders
Source Language
English
Criminal Law Procedural Law Bail and Custody Judicial Review Under S.521 Remand and Detention Section 515 Release Options Interpretation of Court Orders

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Parties

Her Majesty the Queen

Prosecution

Joseph Nolan Reddick

Accused

Procedural Posture

Criminal / Trial Adjournment and Bail/remand Determination (post S.521 Review)

Legal Issues

  1. 1 Whether the Supreme Court remand warrant entitles the accused to a s.515 bail hearing before the Provincial Court
  2. 2 Scope of the reviewing judge's powers under s.521(8) and effect of vacating a recognizance
  3. 3 Whether Provincial Court has jurisdiction to release an accused remanded by the Supreme Court

Ratio Decidendi

The Supreme Court, on s.521 review, vacated the Provincial Court recognizance and, having not ordered release under s.515, necessarily remanded the accused into custody until dealt with according to law; the remand remains in force and does not entitle the accused to a s.515 bail hearing in Provincial Court absent a change-of-circumstances application under s.523(2)(a).

Court Disposition

Accused continues remanded in custody until dealt with according to law; no immediate s.515 bail entitlement in Provincial Court on these proceedings

Orders

  • Accused continues to be remanded into custody until dealt with according to law pursuant to the Supreme Court order
  • Trial adjourned to 11 October 2016 at 1:30 p.m.