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Criminal law 2025 ONCA 816

R. v. Garcha

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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Criminal law 2025 ONCA 320

R. v. S.H.

The motion judge erred in law by treating a typographical reference to the wrong statutory subsection as rendering the release order a nullity; the order was valid and binding because it clearly released the respondent pending a new trial and the error was a slip; the respondent breached the order by being in the company of a child under 16; the Crown's application to revoke was granted, the release order revoked, and the respondent detained pending a show cause hearing.

  • Revocation of bail
  • Validity of release orders
  • Breach of bail conditions
  • Collateral attack on court orders
  • Jurisdiction to vary orders
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Criminal law 2023 BCSC 1889

R. v. Hatamiboldaji

The court found the accused breached his release order by being at Park Royal, cancelled the order, and detained him on secondary and tertiary grounds pending trial.

  • Contravention of release order
  • Secondary and tertiary grounds for detention
  • Breach of bail conditions
  • Reverse onus
  • Protection of complainant
  • Judicial interim release
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Criminal law 2023 BCSC 722

R. v. Nazarek

Dana Nazarek was sentenced to 12 years for drug trafficking, firearms, and bail-breach offences, with 683 days’ credit and ancillary orders.

  • Possession for purpose of trafficking
  • Possession of loaded restricted/prohibited firearm
  • Possession of firearm while unauthorized
  • Failure to appear
  • Breach of bail conditions
  • Totality principle
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Criminal law 2021 BCCA 342

R. v. Lai

The court revoked a prior bail order and granted Mr. Lai new bail pending his Supreme Court of Canada appeal, finding the s. 679(3) criteria were met.

  • Bail pending appeal
  • Revocation of bail
  • Judicial interim release
  • S.11(b) unreasonable delay
  • Jordan framework
  • Transitional exceptional circumstance
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Criminal law 2021 ONCA 3

R. v. Bailey

Applicant satisfied s.679(3)(a) and (b) but failed s.679(3)(c) because lingering public safety and public confidence concerns persisted due to the April 2020 fentanyl-related conduct and flagrant breaches of prior bail conditions; the stay of the 2018 charges and potential Charter issue were not material to displace those concerns, therefore bail pending appeal was denied.

  • Bail pending appeal
  • Public safety
  • Public confidence in administration of justice
  • Breach of bail conditions
  • Charter s.7
  • Stay of charges
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Criminal law 2017 BCCA 345

R. v. Hakwik

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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Criminal law 2014 BCSC 1521

R. v. Howard

Section 522 review of a detention order dismissed. The court held there was no reviewable error or material change in circumstances to justify release.

  • Judicial review of detention orders
  • Requirement for judicial reasons
  • Breach of bail conditions
  • Reverse onus under s.515(6)
  • Material change in circumstances
  • Bail-and-pre-trial-detention
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Criminal law 2003 BCCA 571

R. v. Uppal

The Court of Appeal refused to direct review of a bail refusal, holding there was no reasonable prospect of success because the appellant had repeatedly breached bail and tried to influence witnesses.

  • Judicial interim release
  • Interference with administration of justice
  • Duress defence
  • Breach of bail conditions
  • Severance
  • Subpoena
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Extradition 2001 BCCA 615

France v. Campion

The British Columbia Court of Appeal found Patrick Campion breached release conditions by leaving the province and refusing to surrender travel documents, and denied further bail.

  • Breach of bail conditions
  • Flight risk
  • Release conditions
  • Surrender of travel documents
  • Bail
  • Flight-risk
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.