Friday, May 15, 2015

Bail granted less freely

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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