Friday, January 7, 2011

Seriousness of offence not a basis to deny bail

United States of America v. Sriskandarajah, 2011 ONCA 4 contains a brief but useful aside to the effect that bail ought not to be denied merely because the crime alleged is serious:

[19] Finally, the nature of the crimes alleged against the applicants, while very serious, cannot, by itself, justify the denial of bail: see R. v. LaFramboise (2005), 203 C.C.C. (3d) 492 (Ont. C.A.), para. 31. I again emphasize that those crimes have yet to be proved.

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