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Criminal law 2024 BCSC 2298

R. v. Macaulay

The court upheld Mr. Macaulay’s detention pending trial, finding continued custody justified on secondary grounds given his record, breach history, and risk to public safety.

  • Section 515 criminal code
  • Section 525 criminal code
  • Secondary grounds for detention
  • Proportionality in pretrial detention
  • Bail conditions and compliance
  • Identification evidence
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Criminal law 2020 BCSC 912

R. v. C.J.M.

Bail review dismissed. The court confirmed detention, finding the accused’s repeated breaches, dangerous driving, and public-safety risk outweighed COVID-19 concerns.

  • S.515(10)(b) criminal code
  • S.525 criminal code
  • Secondary grounds for detention
  • Dangerous operation of a motor vehicle
  • Assault on a peace officer
  • Breach of probation
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Criminal law 2020 BCSC 491

R. v. Charlie-Tom

Detention review under s. 525 of the Criminal Code. The Court held the reverse onus did not apply, but upheld detention on secondary grounds because release risk remained high.

  • Detention review under s.525
  • Reverse onus under s.515(6)(a)(viii)
  • Imitation firearm vs firearm distinction
  • Gladue considerations
  • Expediting forensic testing
  • Secondary grounds for detention
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Criminal law 2018 ONCA 314

R. v. George

Application dismissed because the applicant failed to demonstrate the narrow category of 'special circumstances' required for the Court of Appeal to exercise concurrent jurisdiction under s.520; the matters raised (alleged legal errors and desire to vary onerous conditions) should be dealt with by a judge of the Superior Court of Justice where the respondent is willing to consent to the substantive variation.

  • Judicial interim release
  • Section 520 review
  • Concurrent jurisdiction
  • Surety requirements
  • Secondary grounds for detention
  • Joint submissions on release
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