R. v. Adams
- Citation
- 2005 BCCA 580
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- British Columbia Court of Appeal
- Decision
- 25 November 2005
- Posture
- Criminal Bail Review / Application Under S. 680(1) Criminal Code for Direction to Review Supreme Court Order Terminating Bail Pending Trial
- Language
- English
More details
- Court
- British Columbia Court of Appeal
- Decision
- 25 November 2005
- Posture
- Criminal Bail Review / Application Under S. 680(1) Criminal Code for Direction to Review Supreme Court Order Terminating Bail Pending Trial
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Applying the low threshold test for a direction under s. 680(1), the Chief Justice concluded that a Division of the Court could conclude the appeal should be allowed and therefore directed that the Supreme Court order terminating bail be reviewed by the Court of Appeal.
Court disposition
Direction granted to review the Supreme Court order terminating the appellant's bail; matter directed to a Division of the Court of Appeal.
Orders
- Order that the British Columbia Supreme Court order pronounced 26 September 2005 terminating the appellant's release on bail pending trial be reviewed by the Court of Appeal pursuant to s. 680(1) of the Criminal Code
02
Material facts
Parties
Neil Vernon Adams
Appellant Counsel: J.O. RichardsonRegina
Respondent Counsel: E. Z. Poll03
Procedural history
Posture
Criminal Bail Review / Application Under S. 680(1) Criminal Code for Direction to Review Supreme Court Order Terminating Bail Pending Trial
04
Questions and positions
Legal issues
- 01
Whether the Court of Appeal should direct a review under s. 680(1) of the Criminal Code
- 02
Whether the British Columbia Supreme Court correctly terminated the appellant's release on bail
Party arguments
- Applicant
- Applicant sought a direction under s. 680(1) that the Supreme Court order of 26 September 2005 terminating his release on bail be reviewed by the Court of Appeal, arguing that a Division could conclude the appeal should be allowed.
- Respondent
- Respondent opposed review, maintaining the termination of bail was properly ordered and there was no basis for a direction to review by the Court of Appeal.
05
Court’s reasoning
Legal principles
- 01
Criminal Code s. 680(1) and appellate jurisprudence
Low threshold test for granting a direction under s. 680(1)
- 02
This Court's application of the standard in R. v. Adams, 2005 BCCA 580
Direction appropriate where a Division could conclude the appeal should be allowed
06
Ratio, limits and disposition
Ratio decidendi
Applying the low threshold test for a direction under s. 680(1), the Chief Justice concluded that a Division of the Court could conclude the appeal should be allowed and therefore directed that the Supreme Court order terminating bail be reviewed by the Court of Appeal.
Court disposition
Direction granted to review the Supreme Court order terminating the appellant's bail; matter directed to a Division of the Court of Appeal.
- Order that the British Columbia Supreme Court order pronounced 26 September 2005 terminating the appellant's release on bail pending trial be reviewed by the Court of Appeal pursuant to s. 680(1) of the Criminal Code
Source and reliance status
British Columbia Court of Appeal · 25 November 2005
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· 25 November 2005
2005 BCCA 580 R. v. Adams
COURT OF APPEAL FOR BRITISH COLUMBIA Citation: R. v. Adams, 2005 BCCA 580 Date: 20051125 Docket: CA33518 Between: Regina Respondent And Neil Vernon Adams Appellant
BAIL HEARING UNDER SECTION 680(1) OF THE CRIMINAL CODE Before: The Honourable Chief Justice Finch (In Chambers) J.O. Richardson Counsel for the Appellant E. Z. Poll Counsel for the Respondent Written Submissions Received: November 17, 2005 and November 23, 2005 Place and Date of Judgment: Vancouver, British Columbia November 25, 2005 Reasons for Judgment of the Honourable Chief Justice Finch: [1] Mr. Adams applies under s. 680(1) of the Criminal Code for a direction that the order of the British Columbia Supreme Court pronounced 26 September 2005 terminating his release on bail pending trial, be reviewed by this Court. [2] I have read and considered the written submissions of counsel, and the transcript of the bail review proceedings. [3] Applying the low threshold test for a direction under s. 680(1), I have come to the view that a Division of the Court, applying the law, could conclude that the appeal should be allowed. [4] Accordingly, I direct that the order be reviewed by this Court. "The Honourable Chief Justice Finch"
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