R. v. S.W.

R. v. S.W.

The court granted the application by consent and amended the officer-in-charge undertaking, removing the passport surrender (condition g) and the territorial restriction (condition b), finding those conditions were not necessary or sufficiently linked to s.515(10) grounds to secure attendance and were therefore excessive in the circumstances, applying the restraint and review principles from R v Zora and exercising jurisdiction under s.503.

Citation
2020 NSPC 34
Parties
Crown: R; Applicant: SW
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 September 2020
Procedural Posture
Criminal Application to Amend Officer in Charge Undertaking / Pre Trial Application / Amendment Hearing
Outcome
Application granted by consent; undertaking amended to remove passport surrender and territorial restriction allowing the applicant to obtain and retain his passport and leave the country
Legal Topics
Undertaking Under S.503(2), Officer in Charge/form 11.1 Conditions, Passport Surrender Condition, Territorial Restriction (remain in Kings County), Section 515(10) Grounds for Detention, Judicial Review of Police Imposed Release Conditions, Principles From R V Zora, Foreign National Considerations
Source Language
English
Criminal Law Criminal Procedure Bail and Release Immigration Consequences Equality and Discrimination Undertaking Under S.503(2) Officer in Charge/form 11.1 Conditions Passport Surrender Condition +5 more

Case Brief

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Parties

R

Crown

SW

Applicant

Procedural Posture

Criminal Application to Amend Officer in Charge Undertaking / Pre Trial Application / Amendment Hearing

Legal Issues

  1. 1 Whether the Provincial Court has jurisdiction under s.503 to amend an officer-in-charge undertaking
  2. 2 Whether the passport surrender condition (and territorial restriction) are necessary, reasonable and sufficiently linked to s.515(10) grounds to secure attendance
  3. 3 Whether the condition was excessive or potentially imposed in a discriminatory manner against black/non-citizen accused

Ratio Decidendi

The court granted the application by consent and amended the officer-in-charge undertaking, removing the passport surrender (condition g) and the territorial restriction (condition b), finding those conditions were not necessary or sufficiently linked to s.515(10) grounds to secure attendance and were therefore excessive in the circumstances, applying the restraint and review principles from R v Zora and exercising jurisdiction under s.503.

Court Disposition

Application granted by consent; undertaking amended to remove passport surrender and territorial restriction allowing the applicant to obtain and retain his passport and leave the country

Orders

  • Officer-in-charge undertaking amended to delete condition g (surrender passport)
  • Officer-in-charge undertaking amended to delete condition b (remain in Kings County); passport may be returned and applicant may travel