Canada Case Law

R. v. Aquino

Court

British Columbia Court of Appeal

The application for interim release was granted because the appellant met the s.679(3) criteria on the balance of probabilities: his appeal is not frivolous; objective and enforceable measures (surrendered passport, consulate assurance, $200,000 surety, 24-hour house arrest, strict reporting, and surrender date) ensure he will surrender and mitigate flight risk despite foreign ties; and detention is not necessary in the public interest because there is no evidence of risk to public safety and public confidence favors reviewability under these conditions.

Source excerpt

• Release pending appeal
• Bail conditions
• Flight risk and surety
• Admissibility of electronic evidence
• Search and seizure (s.8 charter)
• Public interest and public confidence

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R. v. N.J.

Court

Court of Appeal for Ontario

Motion granted for release pending appeal in a criminal case. The court held the proposed appeal raised a non-frivolous credibility issue and detention was not necessary in the public interest.

• Sexual offences
• Appeal from conviction
• Release pending appeal
• Credibility assessment
• Bail conditions
• Release-pending-appeal

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NZ v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The General Division erred in fact by disregarding material claimant evidence about his intentions and in law by failing to provide adequate reasons; the Commission failed to prove on the balance of probabilities that the claimant's June 9 actions were willful or so reckless as to constitute misconduct, and a breach or arrest alone does not permit deeming intent; the Appeal Division therefore substituted its decision and found the claimant was not dismissed for misconduct.

Source excerpt

• Misconduct
• Employment insurance benefits
• Grounds of appeal
• Evidence and intent
• No-contact order
• Bail conditions

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R. v. Davidson

Court

British Columbia Court of Appeal

Appeal from sentence for seven contempt convictions allowed after the Court found the judge misstated the step-up principle. The court substituted 51 days' imprisonment, probation, and community service.

• Criminal contempt
• Step-up principle
• Gladue factors (s.718.2(e))
• Totality principle
• Nahanee notice requirement
• Denunciation and deterrence

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NZ v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appellant willfully breached a bail no-contact condition, causing incarceration and house arrest that prevented attendance at work and resulted in missing more than three shifts; that conduct was wilful or sufficiently reckless to constitute misconduct under precedent, therefore the appellant is disqualified from EI benefits.

Source excerpt

• Misconduct
• Availability for work
• Disqualification from benefits
• Bail conditions
• Mental health and capacity

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R. v. D.W.

Court

Court of Appeal for Ontario

The appeal was dismissed because the trial judge did not err in admitting the surety's reply evidence: the issue of bail compliance acquired added significance after the appellant testified he had complied for the entire period, the reply evidence was therefore responsive and admissible, and the defence did not object when the Crown repeatedly indicated its intention to call the surety, making the admission a proper exercise of discretion.

Source excerpt

• Reply evidence
• Admissibility of evidence
• Credibility
• Bail conditions
• Child sexual abuse

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R. v. Jury

Court

Supreme Court of British Columbia

At a s. 525 detention review, the court ordered Travis John Jury to remain in custody, finding he posed risks to public safety, witnesses, and the administration of justice.

• Judicial interim release
• Section 525 criminal code
• Secondary and tertiary grounds for detention
• Witness intimidation
• Bail conditions
• Detention review

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R. v. Vincent

Court

Supreme Court of British Columbia

Detention review under s. 525 of the Criminal Code. The court held the accused’s continued pre-trial detention was justified under the secondary ground.

• Section 525 detention review
• Secondary ground s.515(10)
• Reverse onus
• Public safety
• Bail conditions
• Pre-trial custody credit

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R. v. Peart

Court

Supreme Court of British Columbia

Sentencing reasons for sexual assault and forcible confinement: 3.5 years’ imprisonment was imposed, with mandatory ancillary orders and no victim surcharge.

• Denunciation and deterrence
• Mitigating and aggravating factors
• Pre-sentence report and psychological assessment
• Ancillary orders (dna, soira, firearms prohibition)
• Bail conditions
• Sentencing

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R. v. Shaver

Court

Supreme Court of British Columbia

The court upheld Mark Timothy Shaver’s detention on a s. 525 review, finding continued detention justified on the secondary ground and ordering an expedited trial.

• Detention review
• Secondary ground s.515(10)(b)
• Tertiary ground s.515(10)(c)
• Expedited trial s.525(4)(a)
• Bail conditions
• Presumption of innocence

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