Canada Case Law

R. v. Moore

Court

British Columbia Court of Appeal

The Chief Justice refused to direct a review under s.680 because the applicant failed to show it was arguable the chambers judge made material errors of fact or law in assessing collusion and similar fact evidence or that the chambers decision was clearly unwarranted; the chambers judge reasonably concluded the enforceability interest outweighed reviewability given the seriousness of the offences, the detailed trial findings and the low prospect that the collusion-related grounds would clearly surpass the not-frivolous threshold, and fresh medical/custody evidence did not alter that conclusio…

Source excerpt

• Release pending appeal
• Public interest balancing (enforceability vs reviewability)
• Similar fact evidence
• Collusion and inadvertent tainting
• Standard of review for review directions
• Expedited appeal

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R. v. Garcha

Court

Court of Appeal for Ontario

The Ontario Court of Appeal granted Balwinder Garcha release pending appeal, finding a serious issue on the appeal and giving limited weight to outstanding breach allegations.

• Release pending appeal
• Public interest
• Enforceability vs reviewability
• Exclusionary discretion
• Breach of bail conditions
• Release-pending-appeal

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R. v. M.R.

Court

Court of Appeal for Ontario

Ontario Court of Appeal granted bail pending appeal in a sexual offence case, finding the appeal reviewable enough that detention was not necessary in the public interest.

• Bail pending appeal
• Public interest
• Public confidence
• Credibility and trial reasons
• Sexual offences
• Bail-pending-appeal

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R. v. Chow

Court

Supreme Court of British Columbia

The court granted Mr. Chow release pending his summary conviction appeal, finding the appeal strong enough and public safety manageable by conditions.

• Release pending appeal
• Public interest
• Public safety
• Public confidence in the administration of justice
• Judicial intervention and impartiality
• Miscarriage of justice

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R. v. Reyes

Court

Court of Appeal for Ontario

Application denied because the applicant failed to satisfy s.679(3): the conviction/sentence appeals lacked merit or were weak; the applicant failed to demonstrate she would surrender given prior failures to attend and dishonesty; and detention was necessary to maintain confidence in the administration of justice because of a significant record of fraud and an inadequate bail plan and surety, creating a real risk to public safety and non-compliance.

Source excerpt

• Bail pending appeal
• S. 679(3) criminal code
• Conditional sentence breach
• Guilty plea set-aside
• Public interest in detention
• Surrender risk

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R. v. Dias

Court

Supreme Court of British Columbia

The court cancelled Mr. Dias’s release order after finding he breached a geographic bail condition by being outside the restricted area without permission.

• Section 524 criminal code
• Release conditions
• Breach of bail
• Identification evidence
• Publication ban s.486.4
• Bail-breach

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R. v. K.K.

Court

Court of Appeal for Ontario

The appeal met the low "not frivolous" standard; the accused's surrender could be reasonably assured by strict conditions (house arrest, surety from his mother, restrictions on movements and access to children), and detention was not necessary for public safety or public confidence, therefore release pending appeal was ordered.

Source excerpt

• Bail pending appeal
• Involuntariness of guilty plea
• Discharge of counsel
• Adjournment requests
• Public safety assessment
• Flight risk

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R. v. Fasoranti

Court

Court of Appeal for Ontario

The motion judge found it arguable that the bail judge committed material error by concluding the Crown's case was strong without specific factual findings or identifying the legal basis for party liability; absence of such findings diminishes deference and warrants review by a panel under s.680.

Source excerpt

• Bail pending trial
• Tertiary ground (strength of crown's case)
• Party liability (s.21)
• Section 680 review
• Video evidence
• Eyewitness identification

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R. v. Cluett

Court

Supreme Court of British Columbia

The court allowed a bail review, set aside the detention order, and released Mr. Cluett on a recognizance with conditions including residence, curfew, and electronic monitoring.

• Detention under s.515(10)(b) (secondary ground)
• Judicial review of bail
• Electronic monitoring
• Suitability of release address
• Estreatment of recognizance
• Search and admissibility under the charter

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R. v. Mohsenipour

Court

British Columbia Court of Appeal

The Court of Appeal dismissed bail pending appeal applications by two appellants convicted of prostitution-related offences and obstruction of justice, but expedited their appeals.

• Bail pending appeal
• Public interest criterion
• Public safety
• Public confidence in administration of justice
• Stinchcombe disclosure
• Electronic monitoring

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