Parity Principle From Sentencing Co-Accused/Convicts Does Not Apply To Bail

The parity principle as it applies to sentencing co-accused, does not extend to bail.

D.E., [2000] A.J. No. 1281 (QB):

35 Counsel for the accused raised the point that the co-accused C.W.E. in this matter has earlier been granted judicial interim release. I have not been provided with any case law from either side on this topic which speaks to the principle of parity or proportionality as it applies to judicial interim release.

36 However, in consideration of this issue, my own examination has disclosed a number of cases which suggest that the fact that a co-accused had been released was not a relevant consideration where there was no evidence before the Court as to the proceedings with respect to that accused and it is not uncommon for one co-accused to be released while another is detained. ( R. v. Lesage (1975), 25 C.C.C. (2d) 173 (Que. Ct. S.P.) Bouffard v. R.(1979), 16 C.R. (3d) 373 (Que. S.C.), R. v. Tomassetti (1981) 12 Man. R. (2d) 155 (Q.B.)) I have found nothing, nor been provided with anything from counsel, which would contradict these statements.

37 In Lesage, at page 178 the following was noted:-
The list of co-accused released on bail, which was filed by the accused applicant cannot, in our opinion be a consideration on which we should base our decision. As we have no knowledge of the evidence adduced at those proceedings, we cannot accept those decisions for comparison purposes, but we must objectively rule on the case which has been brought to our attention in the present application.
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40 Regardless, the issue of bail, like sentencing, is personal to the individual accused. A vast array of factors are taken into consideration in determining what type of sentence is appropriate, and likewise, whether judicial interim release is appropriate. However, they are two separate and unique concepts in our system of justice. The most striking example of this, with direct application to this case, is s. 718.2(b) of the Criminal Code which codifies the parity principle. There is no similar provision with relation to bail.

41 There are unique considerations to undertake on an assessment of the appropriateness of judicial interim release, the combination of which allow for an objective determination to be made. The considerations involved on each ground are factors which are specific to the individual accused and are often times not transferable between individuals. The fate of one accused cannot and should not be determinative of the fate of another in a bail hearing.