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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 Supreme Court of Canada clarified the bail ladder principle, held that cash bail is a last resort, and reversed the constitutional ruling in R. v. Antic.
The court held that the prosecutor-consent requirement in s. 515(2)(d) of the Criminal Code offended s. 11(e) of the Charter and read the words out.
Section 515(10)(c), insofar as it permits detention where necessary to maintain confidence in the administration of justice and directs the judge to consider specific factors (strength of prosecution's case, gravity, circumstances of commission, potential lengthy imprisonment), meets the s.11(e) constitutional standard: it confines denial of bail to a narrow set of circumstances, is necessary to promote the proper functioning of the bail system, and is not impermissibly vague or overbroad. Appeal dismissed.
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Section 522(2) as applied to murder meets the Pearson/Morales constitutional test (narrow scope and necessary to preserve the bail system against risks of continuing criminality and absconding); therefore the burden rests on the accused to show cause under s.515(10, and on facts the respondent satisfied that burden while subject to stringent recognizance conditions, so the bail order and recognizance are confirmed.
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