Template:ReverseOnusCirc-NonViolent: Difference between revisions
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If police decide to bring the accused before a Justice pursuant to s. 503, there will be a presumption against bail (i.e. a [[Reverse Onus|reverse onus]]) if the offence, prosecuted by indictment, was committed: | If police decide to bring the accused before a Justice pursuant to s. 503, there will be a presumption against bail (i.e. a [[Reverse Onus|reverse onus]]) if the offence, prosecuted by indictment, was committed: | ||
* '''while at large''' under s. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (s. 515(6)(a)(i)); | * '''while at large''' under s. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (s. 515(6)(a)(i)); | ||
* "for the benefit of, at the direction of, or in association" with a '''criminal organization''' (s. 515(6)(a)(ii)); | * "for the benefit of, at the direction of, or in association" with a '''criminal organization''' (s. 515(6)(a)(ii)); or | ||
* where the '''offence involved a weapon''', being a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s. 515(6)(a)(viii)); or | <!--* where the '''offence involved a weapon''', being a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s. 515(6)(a)(viii)); or--> | ||
* where the accused is '''not "ordinarily a resident in Canada"''' (s. 515(6)(b)).<!-- | * where the accused is '''not "ordinarily a resident in Canada"''' (s. 515(6)(b)).<!-- | ||
And, regardless of Crown election, if the offence alleged was one: | And, regardless of Crown election, if the offence alleged was one: | ||
Latest revision as of 20:38, 7 November 2024
If police decide to bring the accused before a Justice pursuant to s. 503, there will be a presumption against bail (i.e. a reverse onus) if the offence, prosecuted by indictment, was committed:
- while at large under s. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (s. 515(6)(a)(i));
- "for the benefit of, at the direction of, or in association" with a criminal organization (s. 515(6)(a)(ii)); or
- where the accused is not "ordinarily a resident in Canada" (s. 515(6)(b)).