Tuesday, March 18, 2014

Extremely important bail decision

R v Beck 2014 NWTTC 07 is an extremely important bail decision. It is, as far as I can tell, the first decision to consider the impact of TIS on the decision to seek bail and find the 1 for 1 provision unconstitutional for that reason. The Court holds:

[140] For the reasons stated above, I find that:
(a) The impugned portion of s. 719(3.1) of the Criminal Code (i.e., the words "unless the reason for detaining the person in custody was stated in the record under subsection 515(9.1)" violates sections 11(e), 11(h) and 7 of the Charter and is not saved by s. 1 of the Charter;
(b) The impugned portion is of no force and effect in this case and s. 719(3.1) applies to the Applicant only with the impugned portion removed.

Thanks to Peter Harte for drawing this to my attention

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