A defendant is charged with a criminal offence, such as a domestic assault, and released with bail conditions. The police allege that the defendant has breached those conditions; he is arrested and charged under s.145(3) of the Criminal Code. Most recently,...
Bail
When a defendant has been denied bail: The SCC in R. v. Myers
On behalf of Bayne Sellar Ertel Carter | Apr 12, 2019 | Bail
When a individual is denied bail after a bail hearing or remains in custody waiting the outcome of their legal proceedings, are there any protections to ensure that this person does not languish in jail? Section 525 of the Criminal Code stipulates that when in...
The Supreme Court of Canada reiterates the right not to be denied reasonable bail
On behalf of Bayne Sellar Ertel Carter | Oct 1, 2017 | Bail
In the summer of 2017, Canada's highest court stressed the importance of the presumption of innocence and the right to no be denied reasonable bail pending the outcome of an accused's charges. Pre-trial detention has a negative affect on an accused mental, social and...
Can Strict Bail Conditions Lower My Sentence?
On behalf of Bayne Sellar Ertel Carter | Sep 21, 2017 | Bail
You were charged with a criminal offence, such as sexual interference, and released on bail; however, it does not feel like liberty as the conditions on the bail recognizance are incredibly strict. Some examples of strict bail conditions are: house arrest except...
Getting out on Bail
On behalf of Bayne Sellar Ertel Carter | Feb 28, 2017 | Bail
When you have been charged with a criminal offence, such as a minor theft, it is possible that you may be released at the police station with a promise to appear and you may be subject to conditions on an undertaking. In other cases, such as drug trafficking,...
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