Canada Case Law

R. v. Hayes

Court

British Columbia Court of Appeal

Leave to appeal the sentence was granted but bail pending appeal was denied because the appellant failed to meet the statutory test: the appeal lacked sufficient merit to make detention unduly harsh given the Crown's offer to expedite the appeal, and the appellant's detention is necessary in the public interest because affidavit evidence and conduct on bail and in custody demonstrated a real risk to public safety (intimate partner violence, attitude towards violence against women, substance misuse, and unsecured loaded firearms in the presence of a minor); enforceability interest was high and…

Source excerpt

• Intimate partner violence
• Firearms offences
• Leave to appeal
• Public safety
• Bail pending appeal
• Revocation of bail

Read case analysis

R. v. S.H.

Court

Court of Appeal for Ontario

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.

Source excerpt

• Revocation of bail
• Validity of release orders
• Breach of bail conditions
• Collateral attack on court orders
• Jurisdiction to vary orders

Read case analysis

R. v. W.F.

Court

Supreme Court of Nova Scotia

The court held that post-conviction revocation of bail under s.523(1)(b)(ii) is permissible without the Crown showing cause where the trial judge exercises discretion based on changed circumstances; here, material delay (approximately six months) and the contextual facts meant continued release would undermine public confidence under s.515(10)(c), therefore bail was revoked and the accused remanded pending sentencing.

Source excerpt

• Revocation of bail
• Section 523
• Section 515(10)(c)
• Public confidence in the administration of justice
• Kienapple rule
• Sexual offences against children

Read case analysis

R. v. J.R.

Court

Court of Appeal for Ontario

The court revoked the October 28, 2021 release order for contravention but found the appellant met his s.524(4) onus to justify release pending appeal because the breach was isolated, non-criminal, caused by extenuating medical circumstances, did not pose a substantial likelihood of reoffending or interfering with justice, and would not undermine public confidence; given exceptional circumstances the court modified the usual procedure under s.679(6) and issued a new bail pending appeal order immediately without requiring arrest, with amended terms including weekly reporting and a $10,000 pled…

Source excerpt

• Bail pending appeal
• Revocation of bail
• Breach of bail condition
• S.524 criminal code
• S.679 criminal code
• Public confidence in administration of justice

Read case analysis

R. v. Lai

Court

British Columbia Court of Appeal

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

Read case analysis

R. v. Castellano

Court

Court of Appeal for Ontario

The bail release order is revoked because there are reasonable grounds to believe the respondent committed an indictable offence while on release (s.524(3)(b) as incorporated by s.679(6)), and the enforcement interest now outweighs the reviewability interest given the new related charges, the public safety risk posed by the discovery of ammunition and potential bomb-making material on property the respondent accessed, and concerns about the adequacy of proposed sureties; accordingly detention pending appeal is necessary.

Source excerpt

• Bail pending appeal
• Revocation of bail
• Possession of explosives
• Possession of stolen property
• Break-in instruments

Read case analysis

R. v. Czechowski

Court

British Columbia Court of Appeal

The court dismissed the Crown’s bail-revocation application, but varied release conditions after a new uttering threats charge raised public-safety concerns.

• Judicial interim release
• Revocation of bail
• Public interest
• Conditional release
• Uttering threats
• Sex offences

Read case analysis

R. v. Yaroslawsky

Court

Supreme Court of British Columbia

The court dismissed a s. 525 Criminal Code review, confirming detention and revocation of bail after finding a strong public-safety risk and repeated bail breaches.

• Detention
• Revocation of bail
• Breach of bail
• Identification evidence
• Public safety
• Bail-revocation

Read case analysis

R. v. B. T. D.

Court

Supreme Court of Nova Scotia

The court presumed for the purposes of review that COVID-19 and the recent availability of publicly funded electronic monitoring could constitute material changes but held that the same surety’s increased pledge and the accused's personal pledge were not material; acting as initial decision-maker the judge concluded the accused failed to meet his reverse onus under s.515(6) to show detention was no longer necessary under ss.515(10)(b) or (c) because the proposed surety was unreliable, GPS monitoring and internet access were uncertain and passive, and the accused posed a significant risk given…

Source excerpt

• Bail review
• Revocation of bail
• Material change in circumstances
• Electronic monitoring (gps)
• Surety reliability
• Covid-19 and detention risk

Read case analysis

R. v. J.J.

Court

Court of Appeal for Ontario

Applicant's detention is necessary in the public interest because the evidence shows a substantial likelihood he would commit an offence endangering public safety if released: breach of prior recognizance and November Charges (presence in vehicle with drugs and a loaded handgun), prior breaches and convictions, and the limited preventive capacity of GPS monitoring render the proposed bail plan insufficient to mitigate the risk, outweighing the merits of the appeal and COVID-19 considerations.

Source excerpt

• Bail pending appeal
• Public interest detention
• Revocation of bail
• Sureties
• Gps/electronic monitoring
• Public safety

Read case analysis