Bail Consequences Upon Alleged Misconduct: Difference between revisions

Revision as of 10:22, 31 January 2022

This page was last substantively updated or reviewed January 2020. (Rev. # 79846)

General Principles

Section 524 governs the process to be followed by the provincial court when a person is arrested on a warrant for failing to attend court at either the provincial or superior court level.

Section 524(1) authorizes the issuance of a warrant of arrest.

The justice considers the following:

if the accused had previously been released under a s. 522(3) order of a superior court, the justice should send the matter to that court (s. 524(1)(a)). Otherwise, the justice may determine the issue of release.
whether the Crown seeks to cancel the original attendance instrument on account of failing to attend or due to the commission of another indictable offence (s. 524(2))
if the justice is satisfied that the accused failed to attend or committed another indictable offence, the justice must cancel the original attendance instrument
if the attendance instrument is cancelled the justice must order the detention of the accused unless they can show cause for release (s. 524)
if the justice does not cancel the previous instrument, the justice must release the accused

The term "revocation" refers to the "process of dealing with alleged misconduct of an accused on judicial interim".^[1]

Application of Bail Procedure

524
[omitted (1), (2), (3), (4), (5), (6) and (7)]

Provisions applicable to proceedings under this section

(8) The provisions of sections 516 to 519 [select provisions relating to bail process] apply with any modifications that the circumstances require in respect of any proceedings under this section, except that subsection 518(2) [release on guilty plea pending sentence] does not apply in respect of an accused who is charged with an offence mentioned in section 469.
[omitted (9) and (10)]
R.S., 1985, c. C-46, s. 524; 1999, c. 3, s. 33; 2019, c. 25, s. 234.
[annotation(s) added]

– CCC

Note up: 524 (8)

Revoke or Cancel Release on Other Charges

524
[omitted (1) and (2)]

Cancellation

(3) The judge or justice who hears the matter shall cancel a summons, appearance notice, undertaking or release order in respect of the accused if the judge or justice finds that

(a) the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order; or

(b) there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order.

[omitted (4), (5), (6), (7), (8) (9) and (10)]
R.S., 1985, c. C-46, s. 524; 1999, c. 3, s. 33; 2019, c. 25, s. 234.
[annotation(s) added]

– CCC

Note up: 524 (3)

Burden Standard of Proof

The standard of proof under s. 524 is on proof of "reasonable ground" while under s. 524(b) is on proof of balance of probabilities.^[2] The burden is upon the Crown.^[3]

Effect of Cancellation

524 [omitted (1), (2) and (3)]

Detention

(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) [justification for detention in custody].
[omitted (5), (6), (7), (8) (9) and (10)]
R.S., 1985, c. C-46, s. 524; 1999, c. 3, s. 33; 2019, c. 25, s. 234.
[annotation(s) added]

– CCC

Note up: 524 (3) and (4)

Once a judge cancels a prior release order, they must make a detention order. No show cause hearing is needed before doing so.^[4]

Once cancelled the "second stage" of the 524 process says that the accused must be given reasonable opportunity to show cause as to why his detention should not be justified within the meaning of s. 515(10).^[5]

A 524 detention order is different from a 516 order of remand whereby a 524 detention order does not have a 3 day limit in the same way as a 516 remand order.^[6]

Section 469 Offences

When an accused is granted bail in relation to any charge of murder (or any s 469 offences) and the accused is subsequently arrested for breach of recognizance, "the superior court has jurisdiction, whether under section 524(4) or under section 521 of the Criminal Code, to revoke the accused's bail on the murder charges”.^[7]

↑ R v Rhodes, 2013 MBQB 248 (CanLII), 297 Man R (2d) 114, per Mainella J, at para 1
↑ R v Garnier, 2017 NSSC 102 (CanLII), per Rosinski J, at paras 18 to 19
↑ R v Parsons, 1997 CanLII 14679 (NL CA), 497 APR 145, per Green JA, at para 21
↑ R v Ibrahim, 2015 MBCA 62 (CanLII), 327 CCC (3d) 86, per Cameron JA, at para 43
↑ Parsons, supra, at para 21
R v Le, 2006 MBCA 68 (CanLII), 240 CCC (3d) 130, per Hamilton JA
↑ Ibrahim, supra, at paras 49to 52
↑ Wright, ibid.

Refusal to Cancel Prior Release

524
[omitted (1), (2), (3) and (4)]

Release order

(5) If the judge or justice does not order that the accused be detained in custody under subsection (4) [breach allegations – remand after cancellation], the judge or justice shall make a release order referred to in section 515 [judicial interim release provisions].

Reasons

(6) If the judge or justice makes a release order under subsection (5) [breach allegations – release after showing cause], the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) [sufficiency of record] applies with any modifications that the circumstances require.

Release

(7) If the judge or justice does not cancel the summons, appearance notice, undertaking or release order under subsection (3) [breach allegations – cancellation of prior order], the judge or justice shall order that the accused be released from custody.
[omitted (8), (9) and (10)]
R.S., 1985, c. C-46, s. 524; 1999, c. 3, s. 33; 2019, c. 25, s. 234.
[annotation(s) added]

– CCC

Note up: 524 (5), (6) and (7)

Reviewing Order

524
[omitted (1), (2), (3), (4), (5), (6), (7) and (8)]

Review — order by judge

(9) An order made under subsection (4) [breach allegations – remand after cancellation] or (5) [breach allegations – release after showing cause] respecting an accused referred to in paragraph (1)(a) [power of justice to hear breach allegations – where released on 469 offence] is not subject to review except as provided in section 680 [review by court of appeal].

Review — order of justice

(10) An order made under subsection (4) [breach allegations – remand after cancellation] or (5) [breach allegations – release after showing cause] respecting an accused other than the accused referred to in paragraph (1)(a) [power of justice to hear breach allegations – where released on 469 offence], is subject to review under sections 520 [accused-requested bail review] and 521 [crown-requested bail review] as if the order were made under section 515 [judicial interim release provisions].
R.S., 1985, c. C-46, s. 524; 1999, c. 3, s. 33; 2019, c. 25, s. 234.
[annotation(s) added]

– CCC

Note up: 524 (9) and (10)

[1] R v Rhodes, 2013 MBQB 248 (CanLII), 297 Man R (2d) 114, per Mainella J, at para 1

[2] R v Garnier, 2017 NSSC 102 (CanLII), per Rosinski J, at paras 18 to 19

[3] R v Parsons, 1997 CanLII 14679 (NL CA), 497 APR 145, per Green JA, at para 21

[4] R v Ibrahim, 2015 MBCA 62 (CanLII), 327 CCC (3d) 86, per Cameron JA, at para 43

[5] Parsons, supra, at para 21
R v Le, 2006 MBCA 68 (CanLII), 240 CCC (3d) 130, per Hamilton JA

[6] Ibrahim, supra, at paras 49to 52

[7] Wright, ibid.

[1]

[2]

[3]

[4]

[5]

[6]

[7]

@@ Line 3: / Line 3: @@
 {{HeaderBailBreach}}
 ==General Principles==
+Section 524 governs the process to be followed by the provincial court when a person is arrested on a warrant for failing to attend court at either the provincial or superior court level.
+Section 524(1) authorizes the issuance of a warrant of arrest.
+The justice considers the following:
+* if the accused had previously been released under a s. 522(3) order of a superior court, the justice should send the matter to that court (s. 524(1)(a)). Otherwise, the justice may determine the issue of release.
+* whether the Crown seeks to cancel the original attendance instrument on account of failing to attend or due to the commission of another indictable offence (s. 524(2))
+* if the justice is satisfied that the accused failed to attend or committed another indictable offence, the justice must cancel the original attendance instrument
+* if the attendance instrument is cancelled the justice must order the detention of the accused unless they can show cause for release (s. 524)
+* if the justice does not cancel the previous instrument, the justice must release the accused
 The term "revocation" refers to the "process of dealing with alleged misconduct of an accused on judicial interim".<ref>
 {{CanLIIRP|Rhodes|g1p2d|2013 MBQB 248 (CanLII)|297 Man R (2d) 114}}{{perMBQB|Mainella J}}{{atL|g1p2d|1}}