Canada Case Law

R. v. Desilva

Court

Court of Appeal for Ontario

There were objectively reasonable and probable grounds to arrest the appellant for breaching his recognizance based on CPIC information, observations, and the conduct and distance of the unknown woman; searches incident to that lawful arrest were lawful; although there were breaches of s.10(b) (post‑arrest questioning and a roughly one‑hour delay in facilitating duty counsel), those breaches did not have sufficient causal connection or prejudicial impact to warrant exclusion under s.24(2); consequently the appeal against conviction is dismissed.

Source excerpt

• Reasonable and probable grounds to arrest
• Search incidental to arrest
• Right to counsel s.10(b)
• Section 8 and 9 charter
• Section 24(2) exclusion of evidence
• Delay in providing counsel

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R. v. Biya

Court

Court of Appeal for Ontario

The court found it had jurisdiction to order forfeiture against the accused and his sureties because earlier release orders prior to the amendment established the accused's personal liability and the breach occurred within that period; applying Horvath and Griffiths factors and proportionality, the court ordered partial forfeiture rather than full forfeiture: accused to forfeit $1,500 payable over two years, and each surety to forfeit $750 payable over one year, subject to further order if financial circumstances change and with the court remaining seized.

Source excerpt

• Bail forfeiture
• Surety liability
• Recognizance
• Breach of bail
• Judicial discretion

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R. v. Zora

Court

British Columbia Court of Appeal

Court of Appeal upheld convictions for breaching recognizance conditions, holding s. 145(3) of the Criminal Code imports an objective mens rea standard. One judge concurred in the result but preferred a subjective standard.

• Breach of recognizance
• Objective vs subjective mens rea
• Lawful excuse defence
• Duty-based offences
• Interpretation of s.145(3)
• Breach-of-recognizance

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R. v. Nowazek

Court

Yukon Court of Appeal

Crown appeal dismissed. The court held there was no jurisdiction to impose an interim recognizance on a summoned defendant under s. 810.1, and the resulting home and computer search breached s. 8.

• Section 810.1 recognizance
• Jurisdiction to impose interim recognizance on summoned person
• Scope of recognizance conditions
• Search warrant and information to obtain
• Section 8 charter unreasonable search
• Section 24(2) exclusion of evidence

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R. v. Downes

Court

Supreme Court of British Columbia

The court allowed Mr. Downes’s appeal from a breach of recognizance conviction, finding no evidence supported recklessness in entering or remaining in the park.

• Breach of recognizance s.145(3)
• Mens rea
• Recklessness
• Wilful blindness
• S.686 criminal code appeal grounds
• Acquittal vs new trial

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R. v. Zora

Court

Supreme Court of British Columbia

The court dismissed an appeal from conviction for breaching bail conditions, holding that the trial judge correctly applied the modified objective mens rea approach in s. 145(3).

• Failure to comply with recognizance
• Standard of mens rea
• Modified objective standard
• Curative proviso
• Mens-rea
• Recognizance-breach

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R. v. Hakwik

Court

British Columbia Court of Appeal

The appeal was dismissed as abandoned after the appellant breached bail conditions and had outstanding warrants, leading the Court to find he repudiated its jurisdiction.

• Ineffective assistance of counsel
• Breach of bail conditions
• Abandonment of appeal
• Repudiation of court jurisdiction
• Outstanding warrants
• Criminal-appeals

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R. v. Allen

Court

British Columbia Court of Appeal

Sentence appeal from breach of recognizance convictions: the 140-day global sentence was fit, but enhanced pre-sentence custody credit was wrongly denied and the sentence was reduced.

• Breach of recognizance
• Sentencing principles
• Pre‑sentence custody credit
• Parity
• Denunciation and deterrence
• Double counting

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R. v. Ali

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed Mr. Ali’s appeal from convictions for breaching recognizance conditions, holding the identification evidence and reasons were sufficient.

• Breach of recognizance
• Eyewitness identification
• Burden of proof for exceptions
• Reasons for judgment sufficiency
• Breach-of-recognizance
• Eyewitness-identification

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R. v. Manasseri

Court

Court of Appeal for Ontario

The judge found reasonable grounds that Manasseri knowingly contravened his recognizance by communicating with a key witness and attempting to sequester the contact, and that he committed conduct amounting to an indictable offence; Manasseri failed to show cause under s.515(10) for continued release, so the release order was revoked and the recognizance cancelled and no new recognizance issued absent expedited material to justify release.

Source excerpt

• Breach of recognizance
• Judicial interim release
• Witness intimidation
• Fresh evidence
• Revocation of release order

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