Introduction
Be aware of whether there are any reverse onuses under s. 515(6)(a)to(d).
Checklist
Preparation
In anticipation of the hearing, the crown should prepare as follows:
| Areas of Preparation |
Comments
|
- have a complete and accurate summary of the offence;
- have statements of witnesses and complainant;
- have an updated print out of the accused's criminal record;
- consider whether any other outstanding release orders should be revoked under s. 524.
- consider whether the accused should be assessed for fitness to stand trial under s. 672.11(a);
- collect any available background information on the accused including history of mental illness, drug abuse, employment history, residential history, or
- determine any concerns or safety concerns for the witnesses, complainants or victims;
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Form of Hearing
| Areas of Questioning |
Comments
|
- Crown states its position on bail, including
- the grounds upon which detention is being sought, if applicable
- whether bail is being revoked on other charges
- whether the Crown is relying upon any reverse onuses under s.515(6)
- make any requests for publication bans
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Officer
<the summary of the offence will be read into the record or the investigating officer will testify to the circumstances of the offence>
Surety
| Areas of Questioning |
Comments
|
- name / spell last name
- age
- martial status
- where partner lives / relationship and support from partner
- children ages / place of residence / occupation
- education
- name of school / level obtained / when obtained
- residence
- address and location
- whether owned or rented
- who else lives in residence
- how long resided at location
- prior locations (address, location, duration)
- Citizenship / if no, status in Canada, duration of stay in country
- assets
- owns residential or commercial property / equity
- owns or rents vehicle / equity in vehicle
- bank accounts / debts
- ability of offer surety
- amount of disposable money
- value of pledgeable property
- surety's connection to the accused (family, work, acquaintance)
- history of effective presence in the accusd's life prior to offence
- knowledge of familiarity of the accused
- personal circumstances of accused
- drug or alcohol use by accused
- access to weapons by accused
- relationship between accused and complainant
- aware of seriousness of circumstances
- outstanding charges
- significant jail consequences if convicted of charge
- accused's prior record / aware of risk of future charges
- history of previous attempts to monitor accused
- understand supervision plan in detail
- understanding of responsibilities
- past experience as a surety (generally)
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Accused
| Areas of Questioning |
Comments
|
- name / spell last name
- age
- martial status
- where partner lives / relationship and support from partner
- children ages / place of residence / occupation
- education
- name of school / level obtained / when obtained
- residence
- address and location
- whether owned or rented
- who else lives in residence
- how long resided at location
- prior locations (address, location, duration)
- Citizenship / if no, status in Canada, duration of stay in country
- assets
- owns residential or commercial property / equity
- owns or rents vehicle / equity in vehicle
- bank accounts / debts
- knowledge of familiarity of the surety
- personal circumstances of accused
- drug or alcohol use by accused
- access to weapons by accused
- relationship between accused and complainant
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