Canada Case Law

R. v. Hayes

Court

British Columbia Court of Appeal

Leave to appeal the sentence was granted but bail pending appeal was denied because the appellant failed to meet the statutory test: the appeal lacked sufficient merit to make detention unduly harsh given the Crown's offer to expedite the appeal, and the appellant's detention is necessary in the public interest because affidavit evidence and conduct on bail and in custody demonstrated a real risk to public safety (intimate partner violence, attitude towards violence against women, substance misuse, and unsecured loaded firearms in the presence of a minor); enforceability interest was high and…

Source excerpt

• Intimate partner violence
• Firearms offences
• Leave to appeal
• Public safety
• Bail pending appeal
• Revocation of bail

Read case analysis

R. v. Huber

Court

Supreme Court of British Columbia

Bail review dismissed after the court found the accused remained a serious public-safety risk and that proposed conditions would not adequately protect the public.

• Judicial interim release
• Secondary grounds (public safety)
• Tertiary grounds (maintain public confidence)
• Ncrmd application
• Surety and electronic monitoring
• Bail-review

Read case analysis

R. v. Hasell

Court

Supreme Court of British Columbia

On a s. 525 detention review, the Supreme Court of British Columbia denied Michael Joseph Hasell judicial interim release, finding detention justified on secondary and tertiary grounds.

• Section 525 review
• Section 515(10) secondary and tertiary grounds
• Judicial interim release
• Electronic monitoring
• Dangerous operation
• Vehicular assault

Read case analysis

R. v. White

Court

Supreme Court of British Columbia

Detention review under s. 525 of the Criminal Code. The court held the reverse-onus accused had shown a strict New Vision release plan could manage attendance and safety risks.

• Detention review
• Reverse onus
• Recognizance
• Electronic monitoring
• Release conditions
• Public safety

Read case analysis

R. v. S.A.

Court

Supreme Court of British Columbia

Bail review dismissed. The court upheld detention of a 17-year-old accused, finding no material change, no error of law, and no clearly inappropriate weighing.

• Bail review
• Youth criminal justice act
• Publication ban
• Sexual assault
• Procedural fairness
• Bail-review

Read case analysis

R. v. Hasan

Court

Supreme Court of British Columbia

The court dismissed Mr. Hasan’s s. 525 detention review, finding continued detention justified on the tertiary ground despite a revised surety plan and disclosure delays.

• Tertiary ground s.515(10)(c)
• Presumption of innocence
• Disclosure delay
• Surety bail
• House arrest
• Public confidence in administration of justice

Read case analysis

R. v. Rosch

Court

Supreme Court of British Columbia

Detention review under s. 525 of the Criminal Code. The Court held Briaden Rosch should remain detained, finding a substantial risk of reoffending and that proposed release conditions would not adequately manage it.

• S.515(10) secondary ground - risk of reoffending
• S.493.2 gladue considerations
• S.11(e) charter - reasonable bail
• Electronic monitoring
• Breach of release orders
• Tertiary ground - administration of justice

Read case analysis

R. v. Haq

Court

British Columbia Court of Appeal

Sentence appeal dismissed. The Court held pre-trial custody could be credited against the mischief sentences because there was a sufficient causal connection.

• Credit for pre-trial custody
• Breach of release order
• Mischief
• Interpretation of s.719(3) criminal code
• Pre-trial-custody-credit
• Sentencing

Read case analysis

R. v. Whynder-Ewing

Court

Supreme Court of Nova Scotia

On balance the accused discharged the reverse onus and showed cause under s.515(10). The court found Crown evidence not sufficiently overwhelming and jail calls/incident reports insufficient to establish a substantial likelihood of future offending that cannot be mitigated. Two parental sureties (father and mother) were found credible and able to bind the accused's conscience; girlfriend was rejected as a surety. Release was granted with strict conditions including house arrest at father's residence, electronic GPS monitoring via Jemtec, pledged surety amounts, no contact with identified witn…

Source excerpt

• Judicial interim release
• Bail conditions and sureties
• S.515(10) grounds
• S.493.2 systemic overrepresentation
• Electronic monitoring
• Second-degree murder

Read case analysis

R. v. Ayukawa

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia upheld detention pending sentencing, finding s. 525 was not meant to be used to pre-empt sentence selection.

• S.525 detention review
• S.515(10) grounds
• Secondary and tertiary grounds for detention
• Electronic monitoring and breach
• Pre-trial delay and proportionality
• Use of s.525 when accused intends to plead guilty

Read case analysis