Canada Case Law

R. v. J.A.

Court

Court of Appeal for Ontario

Majority: the second bail judge committed legal and factual error by finding a material change in the strength of the Crown's case (shopkeeper evidence was before the first bail judge) and by treating COVID-19 as an automatic material change without assessing whether it was 'relevantly material' in light of the first judge's findings; COVID-19 can be material in proper cases but was not here; accordingly the court set aside the release order and ordered detention pending trial.

Source excerpt

• Bail review
• S.522
• S.515(10) primary/secondary/tertiary grounds
• S.515(11) automatic detention for s.469 offences
• S.680 review
• Covid-19 as material change

Read case analysis

R. v. Levett

Court

Supreme Court of British Columbia

The court held it lacked jurisdiction to hear a s. 525 detention review because the accused was also detained on a warrant for a separate matter.

• Detention review
• Bail
• Jurisdiction
• Statutory interpretation of s.525
• Intervening detention/warrant
• Detention-review

Read case analysis

R. v. Whyte

Court

Court of Appeal for Ontario

The second bail judge erred in dismissing the renewed bail application for lack of jurisdiction because both the Superior Court and the Court of Appeal have concurrent jurisdiction to hear applications based on material change in circumstances; on these facts the applicant demonstrated relevant material changes — reduced risk of interference with witnesses and significant pre-trial custody likely exceeding the probable sentence — and therefore the detention order was set aside and judicial interim release granted on specified conditions.

Source excerpt

• Judicial interim release
• Change of circumstances
• Section 680 review
• Accessory after the fact
• Interference with administration of justice

Read case analysis

R. v. Nguyen

Court

Supreme Court of British Columbia

Bail review under s. 520 of the Criminal Code dismissed. The court upheld detention on tertiary grounds under s. 515(10)(c) in a serious kidnapping case.

• Bail review
• Tertiary grounds (s.515(10)(c))
• Kidnapping
• Public confidence in administration of justice
• Bail-review
• Tertiary-bail-grounds

Read case analysis

R. v. Reid

Court

Court of Appeal for Ontario

The Court held that time spent in custody on withdrawn charges is 'relevant information' under s.726.1 and, in the circumstances, warranted enhanced credit at a 2:1 ratio resulting in 12 months' credit; therefore the sentence was varied to time served.

Source excerpt

• Credit for pre-trial custody
• Withdrawn charges
• Section 726.1

Read case analysis

R. v. Purdy

Court

British Columbia Court of Appeal

The Court of Appeal held it had no jurisdiction under s. 680 of the Criminal Code to review a s. 523 refusal to vacate a detention order, and dismissed the application.

• Section 680 review
• Section 523 vacating detention order
• Jurisdiction of court of appeal
• Appealability of detention orders
• Statutory interpretation
• Bail-review

Read case analysis