House arrest, as describing bail conditions, is appropriate but only where necessary to meet the limited grounds for judicial interim release. Bail conditions are a ladder and the least onerous conditions sufficient to meet the limited grounds must be those applied:
Thomson, [2004] O.J. No. 1873 (SCJ, Corbett J.):
6 When an accused is granted interim release, the release conditions should be tailored to infringe her liberty no more than is required to secure the purposes of interim release.
See also:
Spicer, [2005] O.J. No. 3430 (SCJ, Quigley J.):
6 Further, where an accused is granted interim release, the agreed or ordered release conditions should be tailored to infringe his liberty no more than is required to secure the purposes of interim release. Punishment for breach of earlier release conditions is not a proper consideration on an application for interim release.
Anoussis, [2008] Q.J. No. 9260 at para 1:
...This means that if the prosecution does not show cause for detention a person must be granted interim release on the least onerous conditions unless the prosecution shows cause to justify more onerous conditions. FN: Section 515(2)(a).
Gary T. Trotter, The Law of Bail in Canada, p. 173:
While the language of this paragraph is broad, the range of permissible conditions is not unlimited. Conditions may not be imposed gratuitously; they must be imposed for the purpose of giving effect to the criteria for release. Still, the power provided by this section is considerable....
...Thus, in the determination of what conditions are appropriate, the proper role of bail conditions and their relationship to the criteria for release must be kept in mind as a check against overly intrusive conditions.
James Morton
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