R. v. St-Cloud, 2015 SCC 27 today rewrote the law on bail. Some might say the decision is a move to limit strongly the Charter right to bail. |
First, it significantly expanded the scope and application of the tertiary ground.
Second, it changed the test for bail reviews. There must be a "change of circumstances" and now have to meet a form of due diligence test.
Bail now becomes more important as review more difficult.
Also detention based on the tertiary ground will be more common.
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