Wednesday, September 10, 2014

Truth and Sentencing Act Provision struck down when denied bail because of criminal record

R. v. Safarzadeh-Markhali, 2014 ONCA 627:
[124]    The words "the reason for detaining the person in custody was stated in the record under subsection 515(9.1) or" in s. 719(3.1) of the Code violate s. 7 of theCharter and are not saved by s. 1. Those words are declared to be of no force and effect pursuant to s. 52(1) of the Constitution Act, 1982. Accordingly, the Crown's appeal is dismissed. The validity of the references to ss. 524(4) and (8) in s. 719(3.1) is not before us and it is not appropriate to make any declaration in relation to their validity.

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