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, the...
When a defendant has been denied bail: The SCC in R. v. Myers
by Michelle O'Doherty | 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
by Jacob Legault | 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?
by Kirstin Macrae | 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 while...
Getting out on Bail
by Michelle O'Doherty | 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, the...
Acting as a Surety for your Child
by Ian Carter | Dec 30, 2016 | Youth
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...
Information that is Helpful in Getting Your Child Released on Bail
by Ian Carter | Dec 13, 2016 | Youth
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...
Your Child’s Appearance in Bail Court
by Ian Carter | Dec 9, 2016 | Youth
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...
What You Need to Know About Your Child’s Undertaking to a Peace Officer
by Ian Carter | Dec 2, 2016 | Youth
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...
The SCC to decide standard for bail pending appeal
by Ian Carter | Nov 11, 2016 | Appeals
In one of New Brunswick most high profile criminal cases, Dennis Oland was convicted of second-degree murder in December 2015 of his father Richard Oland. Oland was sentenced to life in prison and no chance of parole for 10 years. Oland appealed the decision and was...
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