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Posts tagged "bail"

When a defendant has been denied bail: The SCC in R. v. Myers

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 custody, an accused person is entitled to have their detention reviewed every 90 days. However, over the years, there has been conflicting cases about what this actually means. What is the proper approach to conducting a 90-day detention bail review? Within the last weeks, the Supreme Court of Canada released R. v. Myers, where it specially addressed this question.

The Supreme Court of Canada reiterates the right not to be denied reasonable 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 physical state. Furthermore, the SCC acknowledges that pre-trial custody can have a substantial effect on the trial outcome as well.

Can Strict Bail Conditions Lower My Sentence?

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 while in the presence of your surety; limitations on your ability to see family; a curfew; or a condition denying you the ability to go to school or work. These restrictions can be very difficult and limiting for accused persons to go about living their lives. Some would equate the conditions to being in custody; however, bail is not jail.

Getting out on 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,  the police may decide that they will not release you at the station. This could be because of nature of the allegations, the fact that you have a criminal record or you breached previous release conditions. In those cases, the police must bring you before a justice within 24 hours of your detention. This means you are brought to the courthouse where an assistant Crown attorney will look at your file and determine whether they will consent to your release. If they do not consent to your release, then you will have a bail hearing where the justice will determine whether you should be released.

Acting as a Surety for your Child

When your child is charged with a criminal offence there are a number of ways they can be released on bail. It can be done directly from the police station after they are charged, or alternatively they can be released from bail court either with the Prosecutor's consent or after a bail hearing. For more information about these processes read my blog posts titled "Your Child's Undertaking to a Peace Officer" and "Your Child's Appearance in Bail Court".

Information that is Helpful in Getting Your Child Released on Bail

When your child is charged with a criminal offence there are a number of ways they can be released on bail. It can be done directly from the police station after they are charged, or alternatively they can be released from bail court either with the Prosecutor's consent or after a bail hearing. For more information about these processes read my blog posts titled "Your Child's Undertaking to a Peace Officer" and "Your Child's Appearance in Bail Court".

Your Child's Appearance in Bail Court

Most often, when your child is charged with a criminal offence, he or she will be released from the police station with a piece of paper titled Undertaking to a Peace Officer. Sometimes though, if the charges are particularly serious, or if your child already has a history with the criminal justice system, upon arrest he or she will not be released from the police station. Instead, your child will be transported by police from the station to the courthouse to appear in bail court. The timing of this move depends on when your child was taken into custody, but the police are obligated to bring any person taken into custody to court within twenty four hours.

What You Need to Know About Your Child's Undertaking to a Peace Officer

Most often, when your child is charged with a criminal offence, he or she will be released from the police station with a piece of paper titled Undertaking to a Peace Officer. The title of this piece of paper does not accurately communicate how important it is. It really should be called "Bail Conditions that Must be Followed", because that's really what it is.

New Stats from Statistics Canada on Youth Crime in Canada

In a recently published report from Statistics Canada on Youth Crime in Canada, using data from 2014, youth aged 12 to 17 were more than twice as likely to be charged with a crime in 2014 as people aged 25 and older. In 2014, there were 101,000 youth aged 12 to 17 charged with a criminal offence. While youths ages 12 to 17 make up 7% of the Canadian population, they accounted for 13% of individuals charged in 2014. This, however, is a decrease in the youth crime rate, which has been declining since its peak in 1991, and since 2000 has fallen 42%. Despite its continual decrease, youths are charged at a disproportionate rate. The criminal justice system is daunting to most people, and that is only exasperated by a youth's age.

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Posts tagged "bail" | Ottawa Criminal Law Blog