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The Court of Appeal for Ontario dismissed a review of an extradition detention order, upheld the flight-risk analysis, and refused fresh evidence of arthritis.
Motion by the Criminal Lawyers’ Association (Ontario) to intervene in an extradition bail review was dismissed because its submissions duplicated the respondent’s position.
The Ontario Court of Appeal quashed Ala Zadi’s attempted bail-review appeal for want of jurisdiction, holding no federal statutory appeal right exists.
The Ontario Court of Appeal released Jeremy Folk pending appeal after finding his manslaughter appeal grounds were clearly not frivolous and the Oland balance favoured review.
The court dismissed a habeas corpus application challenging Criminal Code s. 515(6)(c), holding the reverse onus does not breach ss. 7 or 11(e) of the Charter.
The court declined to exercise its s.679(7.1) jurisdiction and directed the applicant to attend the Superior Court because the Crown demonstrated a legitimate need to cross-examine the surety that could not be accommodated in this court before the scheduled hearing and the trial court is better placed to conduct the contested bail hearing; the Crown's undertaking not to seek the applicant's immediate arrest mitigated the risk of injustice from surrendering to custody.
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The court struck a Charter damages claim, finding it plain and obvious the pleaded s. 7, s. 9 and s. 11(e) claims could not succeed and awarded costs to the Province.
The Court found that for the specific dates March 17, 18, 19, 25, 31, April 2 and April 3, 2024 the daily unlock times constituted an unreasonable outcome amounting to a material deprivation of residual liberty; although the decisions to reduce unlock time were made within legal authority and with procedural fairness, the particular outcomes were unreasonable and therefore unlawful; the Court issued a declaration of unlawfulness for those dates but declined to order a bail review or release because the passage of time rendered that remedy ineffective and habeas corpus bail relief is an except…
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The appellant forfeits his full pledged amount because he breached the surrender condition set out in the release order; the sureties forfeited amounts because they failed to exercise requisite vigilance or assist in locating the accused after the breach, with full forfeiture appropriate for two sureties (Carter and Faza) given their lack of diligence and apparent means, and partial forfeiture (50%) appropriate for Bascoe due to demonstrated limited means.
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Because the accused was subject to a reverse onus at the initial detention hearing, the burden remained on him at the s.525 review to show on a balance of probabilities that detention was not justified; he failed to discharge that burden, the proposed surety (his wife) was unsuitable (being a complainant) and the release plan did not adequately minimize risk or maintain public confidence, and the existing delay did not compel release, therefore continued detention was justified under s.515(10)(b) and (c).
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