Knowledge (XXG)

Bail in Canada

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238:, or an offence within the absolute jurisdiction of a judge of a Provincial Court, (2) be satisfied on reasonable grounds that an arrest is not necessary to establish the identity of the person, secure or preserve evidence, or prevent the continuation of the offence or the commission of another offence, and (3) there are no reasonable grounds to believe the person will fail to attend court. 120:
subsequently subject to much judicial interpretation, as it made the granting of bail highly discretionary for each justice of the peace. It also placed considerable emphasis on cash bail, making release on bail dependent on the individual's financial resources, rather than factors such as likelihood of appearing to answer the charges.
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superior trial court of the province. The justice or judge can order the detention of the person, or the release on various conditions. Failure to comply with the conditions of release can result in an arrest warrant being issued, or additional charges for failure to appear or failure to comply with conditions.
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Police officers have a number of options to release an accused subsequent to their arrest but without the accused having to attend court for a release hearing. Failure to comply with these requirements can result in an arrest warrant being issued, and possibly further charges for failure to appear or
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The police must bring the arrested person before a justice of the peace (which can include a Provincial Court judge) without unreasonable delay and in any event within 24 hours of the arrest. If a justice is not available within 24 hours, the police must bring the person before a justice as soon as
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requires an accused to attend court as directed by the recognizance. The recognizance can be for any amount the court determines would be appropriate based on all of the circumstances (the accused's financial situation, the circumstances of the offence, the likelihood of the recognizance not being
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If the court is satisfied that the accused should be released, there are a number of options available: an undertaking, a recognizance with or without sureties, or recognizance with a deposit. The court can impose additional conditions on each of these types of release. Failure to comply with the
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before a Provincial Court judge or a justice of the peace. If the judge or justice of the peace is satisfied grounds exist, they can issue a summons requiring an accused to appear in court on a given date. The summons can also require the person to report for fingerprinting and photographing under
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also took aim at the common practice of routinely imposing multiple conditions on bail; it emphasized that "the default form of bail is to release accused persons based on an undertaking to attend trial, without any conditions restricting their activities or actions" and that any conditions must be
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When a person is charged with one of these offences, the police officer must bring the person before a justice of the peace, under the same time limits as any other arrested person. However, instead of conducting a hearing, the justice of the peace is required to issue a warrant of committal, to
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If a police officer has reasonable grounds that an accused has or is about to contravene any type of release, the officer can arrest the individual, who must be brought before a justice for a hearing. If the prosecutor proves a contravention of the conditions, the justice must revoke the original
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why the accused should be detained. However, the prosecutor may consent to the release of an accused on conditions imposed by the justice. Similarly, the accused may concede that the prosecutor can show cause (or if the accused has the burden of proof, indicate they do want to show cause why they
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If the police do not release an arrested person, there must be a judicial hearing, formally known as an application for "judicial interim release". Depending on the circumstances and the offence, the hearing may be held before a justice of the peace, a Provincial Court judge, or a judge of the
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acquired exclusive jurisdiction over the criminal law, including the law of bail. The first major federal legislation with respect to bail was included in the criminal legislation package of 1869. In that law, the federal government made bail discretionary for all offences. This provision was
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If an accused is ordered detained (either at a bail hearing or after a bail review application), an automatic bail review is made by a superior court judge after a prescribed period of time. For summary conviction offence, the period is 30 days from the date the detention order was made. For
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Any type of release can also be revoked by the trial judge on application by the Crown or, in limited circumstances, on the court's own motion. The accused is then arrested and faces a hearing for judicial interim release as though the accused has just been arrested for the original offence.
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refers to whether detention is necessary to ensure the accused's attendance in court. Considerations include the accused's criminal history, their behaviour in the matter before the court, their connections (or lack of) with the jurisdiction, and the type of offences before the court.
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or police officer. However, if the defence does not consent to the adjournment, the justice cannot adjourn the hearing for more than 3 days. If the hearing is adjourned, the justice may order the accused not to communicate with certain individuals while the accused is detained.
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The Crown bears the onus of proof for detention. The conditions which the Crown must satisfy are somewhat stricter than is the case for an adult. For example, detention can only be ordered if the young person is charged with a serious offence, or faces outstanding charges.
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In certain cases, a peace officer can choose to issue an appearance notice to a person, instead of arresting the person. There are three conditions for issuing an appearance notice: (1) the peace officer must have reasonable grounds to believe that a person has committed a
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It is a criminal offence for the young person to not comply with the undertaking. Unlike a surety, the responsible person faces no financial penalty. Instead, the responsible person also faces a criminal offence if they wilfully fail to comply with the undertaking.
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on the offence before the court unless the accused testifies about the offence itself. This only applies to the offence the accused is charged with and not with other offences committed by the accused. The rule does not apply to any other witnesses in the hearing.
612:) be added to the recognizance. The court has the ability to name specific individuals as sureties. Sureties can apply to the court to be relieved of their obligations. This will usually result in the accused being arrested and held for a new release hearing. 905:
If the youth court concludes the young person should be detained, the youth court can order that the young person be detained in a place of temporary custody, designated for young persons. Alternatively, the youth court can inquire whether there is a
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If the accused seeks release, they must apply to a judge of the superior trial court for a release hearing. Notably, the onus of proof is on the accused to show cause why they should be released. In other respects, the same rules for release apply.
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If the accused is charged with one of the following offences, the court is required to prohibit the accused from possessing any firearm, crossbow, restricted weapon, or prohibited weapon, unless the court considers that such an order is not required:
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where they are in custody, or they do not ordinarily reside within 200 kilometres of the place where they are in custody, the court can require that they deposit a sum of money or valuable security. Sureties are an option in this situation.
142:. This act placed the onus for justifying an accused's detention on the prosecutor, gave police new powers to release persons charged with an offence prior to their coming before a justice, and created detailed procedures for bail reviews. 757:
on all evidence and reasons given in a release hearing until the charges are resolved. If the publication ban is requested by the defence it is automatic. The provision for a mandatory publication ban has been challenged as infringing the
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refers to whether detention is necessary for the protection or safety of the public. This includes whether there is a substantial likelihood the accused will commit a further offence or interfere with the administration of justice.
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who can exercise control over the young person, and that the young person is willing to be placed in that person's care. If so, both the responsible person and the young person enter into an undertaking with conditions.
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An appearance notice directs the accused to appear in court on a given date. When the accused is alleged to have committed an indictable offence, the appearance notice can also require the accused to report for
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are required. The person does not actually need to deposit the money with the officer in charge, unless the person is not ordinarily resident in the province or within 200 kilometres of the place of custody.
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indictable offences, the period is 90 days from the date the detention order was made. Besides being able to vacate and replace the order, the judge can also make directions to expedite the accused's trial.
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While the onus of proof is normally on the Crown prosecutor, the accused has the burden to show why they should be released, also known as "reverse onus" if they are charged with the following offences:
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of the facility where the person is being held, who then has powers to release the person. The release can include a requirement that the person appear for photographing and fingerprinting under the
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refers to whether detention is necessary to maintain confidence in the administration of justice, and is generally reserved for very serious offences. The four factors to consider are:
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which provided for a "right to reasonable bail". This provision was subsequently used by the courts to rule, for the first time, that the Extradition Act included a right to bail.
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If the accused is charged with one of the following offences, the court is required to consider whether conditions are necessary to protect the victim or witnesses of the offence:
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Another option is release on recognizance with deposit of money or valuable securities by the accused, but without sureties. This option requires the consent of the prosecutor.
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judge to review the order, and if necessary vacate and replace it. Once a decision is made, both parties must wait 30 days before being allowed to make another application.
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by the preliminary inquiry judge (except when the accused is charged with murder or other serious offences within the exclusive jurisdiction of the superior trial court), or
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to abide by certain conditions while they are on a release, in addition to any other conditions of release. An undertaking can have one or more of the following conditions:
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These offences are within the exclusive jurisdiction of the superior trial courts, and therefore the applications for judicial interim release are decided by those courts.
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If an accused is ordered detained, the court may order that they not communicate with certain individuals while they are in custody awaiting their trial and sentencing.
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There are three different grounds for detaining an accused prior to sentence. They are commonly referred to as primary grounds, secondary grounds, and tertiary grounds.
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The officer who arrests the person can release them on an appearance notice or with the intention to apply to a justice of the peace for a summons, as described above.
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or bail insurance in Canada. Standing surety for a fee is a criminal offence, as is agreeing to indemnify a surety. Both are considered obstruction of justice.
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Youth courts are prohibited from detaining youth prior to sentencing as a substitute for appropriate child protection, mental health, or other social measures.
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release order. If the justice revokes the release order, a new hearing is held and the accused bears the onus on to show cause why detention is not necessary.
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if found guilty, whether the accused is liable to a potentially lengthy term of imprisonment, or if a firearm was involved, faces a minimum of 3 year of jail.
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stipulated that "any person charged with an offence has the right ... not to be denied reasonable bail without just cause". This was subsequently used by the
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When a justice or court makes an order for the release or detention of the accused, or varies such an order, either party can bring an application to a
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conditions of release can result in an arrest warrant being issued, or additional charges for failure to appear or failure to comply with conditions.
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Alternatively, where a peace officer believes on reasonable grounds that a person has committed an indictable offence, the peace officer can lay an
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to comply with any other condition the officer in charge considers necessary to ensure the safety and security of any complainant or witness.
262: 629: 527: 409:. The justice of the peace must issue a warrant of committal, authorising detention until dealt with by a superior court trial judge. 115:
Prior to Confederation in 1867, the individual colonies each had the authority to enact local laws relating to bail. After 1867, the
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An order for release or detention can be vacated and replaced without a review or appeal being required in the following situations:
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If the accused does not comply with the recognizance, a judge can order the amount of the recognizance to be forfeited to the Crown.
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An Act respecting the duties of Justices of the Peace, out of Sessions, in relation to persons charged with Indictable Offences
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As with all other criminal proceedings, it is optional for the accused to testify. If the accused does testify, they cannot be
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The court can impose conditions on release, requiring the accused to comply with one or more of the following conditions:
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governs criminal proceedings for young persons under the age of 18 who are charged with criminal offences under the
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comply with any other condition the court considers necessary to ensure the safety of any victim or witness, and
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provides two ways that a person can be brought before the courts without first requiring an arrest: an
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The officer in charge can release the person with the intention to apply for a summons, or can issue a
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A recognizance or undertaking can be varied at any time with the written consent of the prosecutor.
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There are also a number of ways to compel a person's appearance in court without the need for an
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the minimum necessary to address the specific risk factors presented by the individual accused.
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to abstain from the consumption of drugs except in accordance with a medical prescription, and
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an offence with the commission of violence, attempted violence, or the threat of violence, or
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The hearing may be adjourned by the justice, or on the request of the arrested person or the
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In the early 1970s, the procedure for granting bail in Canada was completely revised by the
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Detention before Trial: A Study of Criminal Cases Tried in the Toronto Magistrates’ Courts
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an offence with the commission of violence, attempted violence, or the threat of violence,
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Any review of an order made by the superior court trial judge is heard by the provincial
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an offence that involves a firearm, crossbow, restricted weapon, or prohibited weapon, or
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an offence of failing to comply with release conditions or failing to attend court, or
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The exception is if the person is charged with particularly serious offences, such as
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an offence committed at the direction or in association with a criminal organization,
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The Canadian law of bail is derived from the principles of bail which evolved in the
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The system is different for individuals charged with one of the following offences:
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the circumstances surrounding the offence, including whether a firearm was used, and
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An appearance notice must be subsequently confirmed by a justice of the peace.
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to abstain from communicating directly or indirectly with certain individuals,
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only requires the accused to appear in court as directed by the undertaking.
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Alternatively, the officer who arrests the person can take the person to the
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abstain from communicating, directly or indirectly with certain individuals,
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to abstain from the consumption of alcohol or other intoxicating substances,
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to notify the officer of any change of address, employment, or occupation,
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comply with any other reasonable condition the court considers desirable.
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notify the police of any change of address, employment, or occupation,
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upheld the provision, on the basis that its purpose was to protect
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any offence if the accused is not an ordinary resident of Canada,
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The officer in charge can require the individual to enter into a
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offences (including attempted murder) where a firearm was used,
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The next major statutory change to bail in Canada was the 1960
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Generally, the Crown prosecutor has the burden to show on a
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to abstain from possessing any firearm and to surrender any
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possible. The justice can then conduct a release hearing.
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enshrined the right to bail in the Canadian constitution.
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Alan W. Mewett, "The Criminal Law, 1867-1967" (1967), 45
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of a justice system participant (victim, witness, etc.),
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last until the person is dealt with according to law.
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without just cause. That right is implemented by the
1041:(Toronto: University of Toronto Press, 1965), p. 176. 472:
should be released) and consent to their detention.
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A release by the courts is officially known as a 1277: 1275: 628:If the accused is not an ordinary resident of the 760:constitutional guarantee of freedom of expression 584:Recognizance without sureties and without deposit 543:The standard of evidence in a release hearing is 480:an offence committed while at large on a release, 947:(Eng.) 1 Will. & Mary, Sess. 2 (1688), c. 2. 804:with the consent of the defence and prosecution. 165:which the court held to be excessively vague in 68:guarantee the right not to be denied reasonable 449:the apparent strength of the prosecutor's case, 616:Recognizance with deposit and without sureties 600:Recognizance with sureties and without deposit 531:that carry the possibility of a life sentence. 195:Process to compel attendance without an arrest 1781: 1170: 1168: 1166: 1164: 8: 1149: 1147: 770:, which is also a constitutional guarantee. 357:to abstain from attending certain locations, 348:to remain within a territorial jurisdiction, 315:, which is similar to an appearance notice. 734:intimidation of justice system participant, 660:remain within the territorial jurisdiction, 1788: 1774: 1766: 1674: 1672: 1294: 1292: 1629: 1627: 1528: 1526: 1380: 1378: 1363: 1361: 1359: 1357: 1355: 1353: 1351: 1349: 1347: 1345: 1330: 1328: 1260: 1258: 1215: 1213: 849:intimidating Parliament or a legislature, 669:refrain from attending certain locations, 370:to report at certain times to the police, 30:This article is about the law of bail in 1439: 1437: 1313: 1311: 1309: 936: 657:report at a certain time to the police, 148:Canadian Charter of Rights and Freedoms 65:Canadian Charter of Rights and Freedoms 1517:Toronto Star Newspapers Ltd. v. Canada 624:Recognizance if not ordinary resident 593:complied with, and similar factors). 207:, issued by the police officer, or a 174:Another important reform occurred in 159:to strike out bail provisions of the 7: 512:an offence that involved a firearm, 1117:, 2020 SCC 14 (CanLII), at para. 4. 881:Young persons charged with offences 768:the accused's right to a fair trial 708:Controlled Drugs and Substances Act 641:There is no commercial business of 528:Controlled Drugs and Substances Act 342:undertaking to an officer in charge 336:Undertaking to an officer in charge 1157:, R.S.C. 1985, c. C-46, s. 512(2). 34:. For a global point of view, see 25: 835:Murder and other serious offences 52:prior to being tried in court or 1909:Saint Vincent and the Grenadines 452:the seriousness of the offence, 301:Identification of Criminals Act 268:Identification of Criminals Act 248:Identification of Criminals Act 502:a weapons trafficking offence, 340:The accused can enter into an 274:Release by police after arrest 1: 637:No bail bondsmen or insurance 48:) of a person charged with a 2034:United States Virgin Islands 1741:Understanding Bail in Canada 1054:, S.C. 1960, c. 44, s. 2(f). 307:Summons or promise to appear 291:Release by officer in charge 283:Release by arresting officer 246:and photographing under the 153:Section 11(e) of the Charter 753:Either party can request a 742:Security of Information Act 740:certain offences under the 718:Security of Information Act 716:certain offences under the 706:certain offences under the 604:The court may require that 525:certain offences under the 496:Security of Information Act 493:certain offences under the 2076: 1722:Youth Criminal Justice Act 1708:Youth Criminal Justice Act 1694:Youth Criminal Justice Act 1680:Youth Criminal Justice Act 1663:Youth Criminal Justice Act 1519:, 2010 SCC 21, 1 SCR 721. 888:Youth Criminal Justice Act 360:to deposit their passport, 232:summary conviction offence 44:refers to the release (or 29: 2009:Saint Pierre and Miquelon 1665:, S.C. 2002, c. 1, s. 28. 1101:The Law of Bail in Canada 1089:The Law of Bail in Canada 1077:The Law of Bail in Canada 1065:The Law of Bail in Canada 1013:Canada (Second Edition) ( 999:The Law of Bail in Canada 997:Trotter, Gary T. (1999). 858:piracy or piratical acts. 88:judicial interim release. 2029:Turks and Caicos Islands 545:trustworthy and credible 469:balance of probabilities 279:comply with conditions. 1052:Canadian Bill of Rights 764:Supreme Court of Canada 672:deposit their passport, 157:Supreme Court of Canada 126:Canadian Bill of Rights 59:Canadian Bill of Rights 27:Legal process in Canada 1959:British Virgin Islands 1796:Bail in North America 1739:Trotter, Gary (2013). 959:Constitution Act, 1867 925:Criminal law of Canada 814:Application for review 2055:Canadian criminal law 1899:Saint Kitts and Nevis 774:Revocation of release 649:Conditions of release 421:Grounds for detention 820:superior trial court 731:criminal harassment, 728:a terrorism offence, 690:a terrorism offence, 610:co-signers on a loan 608:(persons similar to 219:justice of the peace 117:Parliament of Canada 1914:Trinidad and Tobago 1809:Antigua and Barbuda 985:Canadian Bar Review 974:, S.C. 1869, c. 30. 855:seditious offences, 852:inciting to mutiny, 798:by the trial judge, 1849:Dominican Republic 908:responsible person 547:, and can include 104:English common law 2042: 2041: 1931:other territories 1750:978-1-55221-355-1 1037:M. L. Friedland, 987:726, pp. 726-727. 436:Secondary grounds 313:promise to appear 297:officer in charge 225:Appearance notice 205:appearance notice 18:Promise to appear 16:(Redirected from 2067: 1999:Saint BarthĂ©lemy 1929:Dependencies and 1802:Sovereign states 1790: 1783: 1776: 1767: 1762: 1726: 1718: 1712: 1704: 1698: 1690: 1684: 1676: 1667: 1659: 1653: 1645: 1639: 1631: 1622: 1614: 1608: 1600: 1594: 1586: 1580: 1572: 1566: 1558: 1552: 1544: 1538: 1530: 1521: 1513: 1507: 1497: 1491: 1483: 1477: 1469: 1463: 1455: 1449: 1441: 1432: 1424: 1418: 1410: 1404: 1396: 1390: 1382: 1373: 1365: 1340: 1332: 1323: 1315: 1304: 1296: 1287: 1279: 1270: 1262: 1253: 1245: 1239: 1231: 1225: 1217: 1208: 1200: 1194: 1186: 1180: 1172: 1159: 1151: 1142: 1136: 1130: 1124: 1118: 1110: 1104: 1098: 1092: 1086: 1080: 1074: 1068: 1062: 1056: 1048: 1042: 1035: 1029: 1028: 994: 988: 981: 975: 969: 963: 955: 949: 941: 826:Automatic review 749:Publication bans 563:Types of release 443:Tertiary grounds 414:Crown prosecutor 365:firearm licences 215:Provincial Court 50:criminal offence 21: 2075: 2074: 2070: 2069: 2068: 2066: 2065: 2064: 2060:Bail by country 2045: 2044: 2043: 2038: 1932: 1930: 1923: 1797: 1794: 1751: 1738: 1735: 1733:Further reading 1730: 1729: 1719: 1715: 1705: 1701: 1691: 1687: 1677: 1670: 1660: 1656: 1646: 1642: 1632: 1625: 1615: 1611: 1601: 1597: 1587: 1583: 1573: 1569: 1559: 1555: 1545: 1541: 1531: 1524: 1514: 1510: 1498: 1494: 1484: 1480: 1470: 1466: 1456: 1452: 1442: 1435: 1425: 1421: 1411: 1407: 1397: 1393: 1383: 1376: 1366: 1343: 1333: 1326: 1316: 1307: 1297: 1290: 1280: 1273: 1263: 1256: 1246: 1242: 1232: 1228: 1218: 1211: 1201: 1197: 1187: 1183: 1173: 1162: 1152: 1145: 1137: 1133: 1125: 1121: 1111: 1107: 1099: 1095: 1087: 1083: 1075: 1071: 1063: 1059: 1049: 1045: 1036: 1032: 1025: 996: 995: 991: 982: 978: 970: 966: 956: 952: 942: 938: 933: 921: 883: 875:Court of Appeal 837: 828: 816: 811: 809:Review of order 789: 776: 755:publication ban 751: 651: 639: 626: 618: 602: 586: 574: 565: 541: 465: 463:Burden of proof 429:Primary grounds 423: 395: 386: 384:Release hearing 338: 321: 309: 293: 285: 276: 259: 227: 197: 134:Bail Reform Act 100: 39: 28: 23: 22: 15: 12: 11: 5: 2073: 2071: 2063: 2062: 2057: 2047: 2046: 2040: 2039: 2037: 2036: 2031: 2026: 2021: 2019:Sint Eustatius 2016: 2011: 2006: 2001: 1996: 1991: 1986: 1981: 1976: 1971: 1966: 1964:Cayman Islands 1961: 1956: 1951: 1946: 1941: 1935: 1933: 1928: 1925: 1924: 1922: 1921: 1916: 1911: 1906: 1901: 1896: 1891: 1886: 1881: 1876: 1871: 1866: 1861: 1856: 1851: 1846: 1841: 1836: 1831: 1826: 1821: 1816: 1811: 1805: 1803: 1799: 1798: 1795: 1793: 1792: 1785: 1778: 1770: 1764: 1763: 1749: 1734: 1731: 1728: 1727: 1713: 1699: 1685: 1668: 1654: 1640: 1623: 1609: 1595: 1581: 1567: 1553: 1539: 1522: 1508: 1492: 1478: 1464: 1450: 1433: 1419: 1405: 1391: 1374: 1341: 1324: 1305: 1288: 1271: 1254: 1240: 1226: 1209: 1195: 1181: 1160: 1143: 1131: 1119: 1105: 1093: 1081: 1069: 1057: 1043: 1030: 1023: 1017:). p. 7. 989: 976: 964: 950: 945:Bill of Rights 935: 934: 932: 929: 928: 927: 920: 917: 882: 879: 860: 859: 856: 853: 850: 847: 844: 836: 833: 827: 824: 815: 812: 810: 807: 806: 805: 802: 799: 788: 785: 775: 772: 750: 747: 746: 745: 738: 735: 732: 729: 722: 721: 714: 711: 704: 698: 691: 688: 680: 679: 676: 673: 670: 667: 664: 661: 658: 650: 647: 638: 635: 625: 622: 617: 614: 601: 598: 585: 582: 573: 570: 564: 561: 556:cross-examined 540: 537: 533: 532: 523: 520: 517: 510: 503: 500: 491: 484: 481: 464: 461: 460: 459: 456: 453: 450: 422: 419: 394: 391: 385: 382: 381: 380: 377: 374: 371: 368: 361: 358: 355: 352: 349: 337: 334: 320: 317: 308: 305: 292: 289: 284: 281: 275: 272: 258: 255: 244:fingerprinting 236:hybrid offence 226: 223: 213:, issued by a 196: 193: 109:Bill of Rights 99: 96: 42:Bail in Canada 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 2072: 2061: 2058: 2056: 2053: 2052: 2050: 2035: 2032: 2030: 2027: 2025: 2022: 2020: 2017: 2015: 2012: 2010: 2007: 2005: 2002: 2000: 1997: 1995: 1992: 1990: 1987: 1985: 1982: 1980: 1977: 1975: 1972: 1970: 1967: 1965: 1962: 1960: 1957: 1955: 1952: 1950: 1947: 1945: 1942: 1940: 1937: 1936: 1934: 1926: 1920: 1919:United States 1917: 1915: 1912: 1910: 1907: 1905: 1902: 1900: 1897: 1895: 1892: 1890: 1887: 1885: 1882: 1880: 1877: 1875: 1872: 1870: 1867: 1865: 1862: 1860: 1857: 1855: 1852: 1850: 1847: 1845: 1842: 1840: 1837: 1835: 1832: 1830: 1827: 1825: 1822: 1820: 1817: 1815: 1812: 1810: 1807: 1806: 1804: 1800: 1791: 1786: 1784: 1779: 1777: 1772: 1771: 1768: 1760: 1756: 1752: 1746: 1743:. Irwin Law. 1742: 1737: 1736: 1732: 1725: 1723: 1717: 1714: 1711: 1709: 1703: 1700: 1697: 1695: 1689: 1686: 1683: 1681: 1675: 1673: 1669: 1666: 1664: 1658: 1655: 1652: 1650: 1649:Criminal Code 1644: 1641: 1638: 1636: 1635:Criminal Code 1630: 1628: 1624: 1621: 1620:, s. 515(11). 1619: 1618:Criminal Code 1613: 1610: 1607: 1605: 1604:Criminal Code 1599: 1596: 1593: 1591: 1590:Criminal Code 1585: 1582: 1579: 1577: 1576:Criminal Code 1571: 1568: 1565: 1563: 1562:Criminal Code 1557: 1554: 1551: 1549: 1548:Criminal Code 1543: 1540: 1537: 1535: 1534:Criminal Code 1529: 1527: 1523: 1520: 1518: 1512: 1509: 1506: 1505: 1502: 1501:Criminal Code 1496: 1493: 1490: 1488: 1487:Criminal Code 1482: 1479: 1476: 1474: 1473:Criminal Code 1468: 1465: 1462: 1460: 1459:Criminal Code 1454: 1451: 1448: 1446: 1445:Criminal Code 1440: 1438: 1434: 1431: 1430:, s. 515(12). 1429: 1428:Criminal Code 1423: 1420: 1417: 1415: 1414:Criminal Code 1409: 1406: 1403: 1402:, s. 515(10). 1401: 1400:Criminal Code 1395: 1392: 1389: 1387: 1386:Criminal Code 1381: 1379: 1375: 1372: 1370: 1369:Criminal Code 1364: 1362: 1360: 1358: 1356: 1354: 1352: 1350: 1348: 1346: 1342: 1339: 1337: 1336:Criminal Code 1331: 1329: 1325: 1322: 1320: 1319:Criminal Code 1314: 1312: 1310: 1306: 1303: 1301: 1300:Criminal Code 1295: 1293: 1289: 1286: 1284: 1283:Criminal Code 1278: 1276: 1272: 1269: 1267: 1266:Criminal Code 1261: 1259: 1255: 1252: 1250: 1249:Criminal Code 1244: 1241: 1238: 1236: 1235:Criminal Code 1230: 1227: 1224: 1222: 1221:Criminal Code 1216: 1214: 1210: 1207: 1205: 1204:Criminal Code 1199: 1196: 1193: 1191: 1190:Criminal Code 1185: 1182: 1179: 1177: 1176:Criminal Code 1171: 1169: 1167: 1165: 1161: 1158: 1156: 1155:Criminal Code 1150: 1148: 1144: 1141:, at para. 6. 1140: 1135: 1132: 1129:, at para. 1. 1128: 1123: 1120: 1116: 1115: 1109: 1106: 1102: 1097: 1094: 1090: 1085: 1082: 1078: 1073: 1070: 1066: 1061: 1058: 1055: 1053: 1047: 1044: 1040: 1034: 1031: 1026: 1024:0-459-25442-1 1020: 1016: 1012: 1008: 1004: 1000: 993: 990: 986: 980: 977: 973: 968: 965: 962: 960: 954: 951: 948: 946: 940: 937: 930: 926: 923: 922: 918: 916: 912: 909: 903: 899: 896: 894: 893:Criminal Code 890: 889: 880: 878: 876: 871: 867: 863: 857: 854: 851: 848: 845: 842: 841: 840: 834: 832: 825: 823: 821: 813: 808: 803: 800: 797: 796: 795: 792: 786: 784: 780: 773: 771: 769: 765: 761: 756: 748: 743: 739: 736: 733: 730: 727: 726: 725: 719: 715: 712: 709: 705: 702: 699: 696: 692: 689: 686: 685: 684: 677: 674: 671: 668: 665: 662: 659: 656: 655: 654: 648: 646: 644: 643:bail bondsman 636: 634: 631: 623: 621: 615: 613: 611: 607: 599: 597: 594: 591: 583: 581: 579: 571: 569: 562: 560: 557: 552: 550: 546: 538: 536: 530: 529: 524: 521: 518: 515: 511: 508: 504: 501: 498: 497: 492: 489: 485: 482: 479: 478: 477: 473: 470: 462: 457: 454: 451: 448: 447: 446: 444: 440: 437: 433: 430: 426: 420: 418: 415: 410: 408: 404: 399: 392: 390: 383: 378: 375: 372: 369: 366: 362: 359: 356: 353: 350: 347: 346: 345: 343: 335: 333: 330: 326: 318: 316: 314: 306: 304: 302: 298: 290: 288: 282: 280: 273: 271: 269: 264: 256: 254: 251: 249: 245: 239: 237: 233: 224: 222: 220: 216: 212: 211: 206: 202: 201:Criminal Code 194: 192: 189: 185: 184: 179: 178: 172: 170: 169: 164: 163: 162:Criminal Code 158: 154: 150: 149: 145:In 1982, the 143: 141: 140: 139:Criminal Code 135: 130: 128: 127: 121: 118: 113: 111: 110: 105: 97: 95: 94:and release. 93: 89: 85: 81: 80:peace officer 77: 76: 75:Criminal Code 71: 67: 66: 61: 60: 55: 51: 47: 43: 37: 33: 19: 2024:Sint Maarten 2004:Saint Martin 1828: 1740: 1721: 1716: 1707: 1702: 1693: 1688: 1679: 1662: 1657: 1648: 1643: 1634: 1617: 1612: 1603: 1598: 1589: 1584: 1575: 1570: 1561: 1556: 1547: 1542: 1533: 1516: 1511: 1504: 1500: 1495: 1489:, s. 139(1). 1486: 1481: 1472: 1467: 1458: 1453: 1444: 1427: 1422: 1416:, s. 515(6). 1413: 1408: 1399: 1394: 1385: 1368: 1335: 1318: 1299: 1282: 1265: 1248: 1243: 1234: 1229: 1220: 1206:, s. 495(2). 1203: 1198: 1189: 1184: 1175: 1154: 1138: 1134: 1126: 1122: 1113: 1108: 1100: 1096: 1088: 1084: 1076: 1072: 1064: 1060: 1051: 1046: 1038: 1033: 998: 992: 984: 979: 971: 967: 961:, s. 91(27). 958: 953: 944: 939: 913: 907: 904: 900: 897: 892: 886: 884: 872: 868: 864: 861: 838: 829: 817: 793: 790: 781: 777: 752: 741: 723: 717: 707: 701:intimidation 681: 652: 640: 627: 619: 603: 595: 590:recognizance 587: 577: 575: 566: 553: 544: 542: 534: 526: 494: 474: 466: 442: 441: 435: 434: 428: 427: 424: 411: 400: 396: 387: 341: 339: 325:recognizance 322: 319:Recognizance 312: 310: 300: 296: 294: 286: 277: 267: 260: 252: 247: 240: 228: 208: 204: 200: 198: 187: 181: 175: 173: 166: 161: 146: 144: 138: 133: 131: 124: 122: 114: 108: 101: 87: 74: 64: 57: 41: 40: 1994:Puerto Rico 1904:Saint Lucia 1854:El Salvador 1550:, s. 515.1. 578:undertaking 572:Undertaking 263:information 168:R v Morales 2049:Categories 1989:Montserrat 1984:Martinique 1979:Guadeloupe 1834:Costa Rica 1114:R. v. Zora 931:References 762:, but the 695:harassment 82:or by the 1974:Greenland 1889:Nicaragua 1864:Guatemala 1759:864394554 1724:, s. 139. 1651:, s. 680. 1637:, s. 522. 1606:, s. 469. 1592:, s. 525. 1578:, s. 521. 1564:, s. 520. 1536:, s. 523. 1503:, s. 517. 1475:, s. 766. 1461:, s. 771. 1447:, s. 518. 1388:, s. 516. 1371:, s. 515. 1338:, s. 503. 1321:, s. 524. 1302:, s. 498. 1285:, s. 499. 1268:, s. 509. 1251:, s. 507. 1237:, s. 508. 1223:, s. 501. 1192:, s. 496. 1178:, s. 145. 787:Variation 693:criminal 488:terrorism 217:judge or 54:sentenced 46:detention 1939:Anguilla 1874:Honduras 1844:Dominica 1819:Barbados 1710:, s. 31. 1696:, s. 30. 1682:, s. 29. 1103:, p. 16. 1091:, p. 12. 1067:, p. 15. 1015:Carswell 919:See also 846:treason, 630:province 606:sureties 576:A basic 539:Evidence 514:crossbow 505:certain 490:offence, 329:sureties 183:mens rea 177:R v Zora 62:and the 1969:Curaçao 1954:Bonaire 1949:Bermuda 1879:Jamaica 1859:Grenada 1814:Bahamas 1079:, p. i. 1011:Thomson 1007:Ontario 1003:Toronto 843:murder, 549:hearsay 507:violent 407:treason 257:Summons 210:summons 98:History 56:. The 1894:Panama 1884:Mexico 1829:Canada 1824:Belize 1757:  1747:  1021:  403:murder 393:Timing 92:arrest 84:courts 32:Canada 1944:Aruba 1869:Haiti 2014:Saba 1839:Cuba 1755:OCLC 1745:ISBN 1139:Zora 1127:Zora 1019:ISBN 885:The 266:the 234:, a 199:The 188:Zora 70:bail 36:bail 405:or 2051:: 1753:. 1671:^ 1626:^ 1525:^ 1436:^ 1377:^ 1344:^ 1327:^ 1308:^ 1291:^ 1274:^ 1257:^ 1212:^ 1163:^ 1146:^ 1009:: 1005:, 1001:. 877:. 588:A 486:a 270:. 250:. 171:. 1789:e 1782:t 1775:v 1761:. 1027:. 744:. 720:. 710:, 697:, 499:, 367:, 38:. 20:)

Index

Promise to appear
Canada
bail
detention
criminal offence
sentenced
Canadian Bill of Rights
Canadian Charter of Rights and Freedoms
bail
Criminal Code
peace officer
courts
arrest
English common law
Bill of Rights
Parliament of Canada
Canadian Bill of Rights
Criminal Code
Canadian Charter of Rights and Freedoms
Section 11(e) of the Charter
Supreme Court of Canada
Criminal Code
R v Morales
R v Zora
mens rea
summons
Provincial Court
justice of the peace
summary conviction offence
hybrid offence

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