Canada Case Law

R. v. Sandeson

Court

Supreme Court of Nova Scotia

The Court held the proffered evidence did not amount to a material change in circumstances: the contextual evidence regarding the August 24, 2020 Disobey Order could and should have been tendered earlier and does not remove concerns about manipulative and threatening behaviour; the untested, unspecified home monitoring system and remote sureties do not materially reduce the risk of reoffence or interference with justice; COVID-19 considerations were not shown to outweigh public safety, and therefore no de novo JIR hearing was warranted and the application was dismissed.

Source excerpt

• Detention under s.515(11)
• Variation under s.522
• Material change in circumstances
• Secondary and tertiary grounds for detention
• Covid-19 risk in custody

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R. v. Bacon

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia ordered this criminal appeal heard in camera because it involved privileged and confidential information that could not be partially separated for open hearing.

• Publication bans
• Open court principle
• In camera proceedings
• Privileged and confidential information
• S.517(1) and s.486.5 criminal code
• Publication-bans

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R. v. Boussoulas

Court

Court of Appeal for Ontario

The application for interim release was dismissed because the proposed grounds for leave were predominantly complaints about fitness/quantum of sentence (matters the Supreme Court normally will not decide), thus failing the non‑frivolous threshold of s.679(3)(a), and because the public interest in enforceability of the affirmed sentence outweighed reviewability given the tenuous grounds for leave.

Source excerpt

• Leave to appeal to the supreme court
• Section 679(3) criminal code criteria
• Fitness/quantum of sentence
• Enforceability vs reviewability
• Conditional sentence
• Fresh evidence/change of circumstances

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United States v. Patterson

Court

British Columbia Court of Appeal

Bail pending extradition surrender was denied because the applicant failed to identify non-frivolous grounds to resist surrender and remained a serious flight risk.

• Surrender
• Committal
• Bail pending surrender
• Public interest
• Flight risk
• Evidence sufficiency

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R. v. Goudreau

Court

Supreme Court of British Columbia

The court dismissed a s. 525 bail review application and kept the accused in custody, finding detention justified on the secondary ground despite a proposed surety and cash bail.

• S.525 application
• Unreasonable delay
• Primary/secondary/tertiary grounds for detention
• Conditions of release
• Weapons offences
• Bail-review

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R. v. Porisky

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal refused judicial interim release pending appeal, finding the conviction appeal frivolous and the sentence appeal weak, but suspended payment of the fine.

• Judicial interim release
• Public interest
• Reviewability vs enforceability
• Conviction appeal
• Sentence appeal
• Suspension of fine

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R. v. Gould

Court

British Columbia Court of Appeal

The Court of Appeal considered whether to suspend Elaine Gould’s conditional sentence pending appeal and held that the s. 679 criteria did not govern s. 683(5)(f).

• Conditional sentence suspension
• Interests of justice
• Interlocutory relief pending appeal
• Suspension of fines
• Enforceability vs reviewability (mapara)
• Conditional-sentence-suspension

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R. v. Barton

Court

British Columbia Court of Appeal

Application for release pending a sentence appeal was dismissed because the appellant failed to meet the Criminal Code criteria under s. 679(4).

• Conditional sentence
• Release pending appeal
• Leave to appeal
• Section 679 criminal code
• Recidivism and breaches of court orders
• Release-pending-appeal

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U.S.A. v. Edwards

Court

British Columbia Court of Appeal

Bail pending appeal in an extradition matter was denied after the court found a strong prima facie case, serious flight risk concerns, and no basis to trust release conditions.

• Surrender
• Committal
• Prima facie evidence
• Risk of non-appearance
• Public interest detention
• Procedural errors at extradition hearing

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R. v. Fleming

Court

British Columbia Court of Appeal

On an application under s. 680(1) of the Criminal Code, the Court of Appeal directed review of a Supreme Court order concerning refusal of an out-of-province surety.

• Out-of-province surety
• Surety acceptance
• Judicial interim release conditions
• Section 680(1) review
• Bail
• Judicial-interim-release

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