Wdw325.docx

Wdw325 – 15/03/2012 Slide 1 Bail: Section 11(e) of the charter: Any person charged with an offence has the right not to be denied reasonable bail without just cause You are held in custody even though you are presumed innocent. Denial of bail has a significant impact on the outcome of the case. People denied bails are more likely to be convicted. Probably because there are stronger cases against them or because you are in custody during your trial it is harder to prepare a case. Significantly restricts contact with your counsel. Limits your ability to prepare for defense. Bail is significant but happens very quickly. Within an hour of your arrest you get a bail hearing. READ ALL OF SECTION 515 Sec515(1) creates a presumption that an accused will get bail. The justice shall unless a plea of guilty is pleaded by the accused must order that the accused be released…. Sec 469 VERY IMP. Presumption that JP will release at the least onerous conditions. Release with no conditions. Ladder effect of bail. First condition is release without any condition at all. Show up to court when required. 2 rung on the ladder is a recognisance with an undertaking that you are released but you will comply with certain conditions; curfew, no possession of drugs or fire arms, not talking to certain people. rd 3 step up is release on a recognisance with conditions and with sureties. The person who pledges a certain amount of money on the accused and say I will supervise and ensure that the accused will come to court when required and comply with the conditions of the bail. All the sureties have to do is show that they have the cash or assets worth that much. You do not give the money to anyone unless the person breaches any condition of the bail. If the accused is not an ordinarily resident within 200km of jurisdiction then you have to pay them instead of just pledging the money. Last step on the ladder is detention. When the court decides that none of the other options would satisfy bail conditions then you are detained. Justice of the Peace (JP) must consider or reject release before imposing more restrictive manner of release. Grounds of releasing someone or detaining someone. What must the crown show. Crown has to justify any restrictions on a person. 3 grounds. Set out in sec 515 (10) Sec 515(10)(a) where the detention is necessary to ensure his/her attendance in court. (primary ground) – are you normally resident in Canada. Can you flee if released. Have you in the past proven yourself not to appear in court. Evidence that you have a lot of money or multiple passports. Offshore bank accounts? Ties to Canada or jurisdiction of where crime was committed. (b) “….. for protection of public….”: necessary to impose conditions to prevent witness from being threatened or influenced. If there is a evidence for the crown o show you are going to tamper with a witness then there will be conditions imposed. (c) “….. to maintain confidence in the admin of the justice…” this decision is made within 12 hrs of your arrest. Before anyone has had any right to discover anything. Court must consider inherent truth of crowns case. The more serious the charged the more outrage by public if they are released on bail. The more serious the crime the more easier it is for police to prove why bail should be denied. Harper govt tough on crime strategy- if fire arms are involved tertiary ground can be used. Anyone of primary, secondary or tertiary grounds can be used to justify either the imposition of conditions or detention. What conditions can the court impose of bail.Reporting requirement connects to primary grounds. Remain in the jurisdiction that offence was committed. Right to make your own decisions. Cannot force you to take medication. If there is no one to act as you sureties. Then judge has to make decision to release without surety or detention. Court can require you to take medication if you consent. Not an infringement of S7. However some lawyers feel as though it is. Court says we will give you bail if you take medication. Very coercive for a lot of people. Electronic monitoring very rare in Ontario. Keenan (1979) charged with being found in a common bawdy house (brothel). Released on condition to report to a doctor and undergo any medical treatment doctor might suggest. Court said: for condition be valid to bail the condition must be valid to a purpose that would otherwise justify detention. Bail is not about making someone a better person. Must be connected to one of the conditions on which you could be detained. What is wrong with this condition. Purpose of this condition was to check if he got an STD. however it has nothing to do with bail.