Canada Case Law

R. v. Dookhram

Court

Court of Appeal for Ontario

Applicant met surrender requirement and only one arguably non-frivolous ground (voluntariness), but failed to establish that the reviewability interest outweighs the enforceability interest because the offence is grave (first-degree murder in a murder-for-hire), the applicant poses significant danger, the ineffective-assistance ground is weak, and proposed conditions would not restore public confidence; application for release denied.

Source excerpt

• Judicial interim release
• Public interest criterion
• Voluntariness of statement
• Ineffective assistance of counsel
• Surrender requirement
• First-degree murder

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R. v. K.F.E.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia denied K.F.E.'s bail application, finding repeated breaches, absconding, and serious allegations justified detention pending trial.

• Judicial interim release
• Reverse onus under s.515(10)
• Breach of release/undertaking
• Failure to appear/absconding
• Sexual assault/domestic violence
• Surety and cash deposit

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R. v. Aiken

Court

Supreme Court of British Columbia

On a s. 525 detention review, the court ordered Carey Robert Aiken released to Hope for Freedom Society under strict bail conditions and a $1,000 promise to pay.

• Detention review
• Secondary and tertiary grounds under s.515(10)
• Release to supervised treatment
• Bail conditions
• Risk of reoffending
• Detention-review

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R. v. Kang

Court

Supreme Court of British Columbia

Bail application by Gary Kang in a Project Territory prosecution. The Court ordered detention on the secondary ground, finding a substantial risk of reoffending.

• Judicial interim release
• Reverse onus
• Surety suitability
• Secondary ground (public safety)
• Tertiary ground (public confidence)
• Wiretap and intercept evidence

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R. v. Wright

Court

Supreme Court of Nova Scotia

Although the s.515(10)(c) factors (apparent strength, gravity, vulnerable victims, potential lengthy sentence) weighed in favour of detention, balancing all circumstances and applying the ladder principle, the Crown did not meet its burden to justify detention; the proposed sureties, cash/pledges and strict conditions (house arrest, electronic device and contact prohibitions, surrender of passport, weapon and substance bans, reporting) are sufficient to maintain public confidence in the administration of justice, therefore accused released on bail with strict conditions.

Source excerpt

• Judicial interim release
• Section 515(10) criminal code
• Charter s.11(d) and s.11(e)
• Ladder principle
• House arrest
• Sureties

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R. v. Cheung

Court

British Columbia Court of Appeal

Court of Appeal upheld a detention order in a bail review, holding that a blanket challenge to the Crown’s narrative did not require viva voce evidence and that detention was justified on public-safety grounds.

• Judicial interim release
• Reverse onus offences
• Evidence at bail hearing
• Dangerousness assessment
• Sureties
• Publication ban

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R. v. Brien

Court

Supreme Court of British Columbia

Sentencing reasons for a home invasion/guilty plea case. The court accepted a three-and-a-half-year joint submission, gave 340 days’ credit, and refused extra bail-condition credit.

• Home invasion
• Party liability (s.21)
• Pre-sentence custody credit
• Effect of bail conditions on sentence
• Joint submission on sentence
• Victim surcharge

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United States v. Wakeling

Court

British Columbia Court of Appeal

The court granted Mr. Wakeling release pending his Supreme Court of Canada leave application, finding the appeal arguable, flight risk manageable, and detention not in the public interest.

• Extradition committal
• Release pending appeal
• Section 193(2)(e) criminal code
• Disclosure of intercepted communications
• Judicial review of surrender decision
• Risk of flight/public interest

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R. v. R.J.H

Court

Newfoundland and Labrador Court of Appeal

The trial judge erred in principle by treating ordinary curfew and broad bail conditions as sufficient mitigation, by overstating rehabilitation prospects without addressing high risk indicators and prior record, and by failing to treat grooming as an aggravating factor; on appellate review the appropriate sentence for the sexual assault of the 13-year-old was increased to achieve denunciation and deterrence, yielding a total effective custody term of 23 months and three years probation with conditions.

Source excerpt

• Grooming
• Judicial interim release as mitigation
• Rehabilitation prospects
• Totality principle
• Conditional sentence eligibility

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R. v. Charter

Court

Supreme Court of Nova Scotia

Provincial Court erred in treating the firearms as 'used' within the meaning of s.515(10)(c); notwithstanding that error, on a properly informed objective assessment the Crown's case, while strong, did not justify continued detention under the tertiary ground and the applicant must be released on strict recognizance and conditions to maintain confidence in the administration of justice.

Source excerpt

• Judicial interim release
• Section 515(10)(c) tertiary ground
• Use of a firearm
• Presumption of innocence
• Reverse onus under cdsa
• Surety and recognizance conditions

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