Monday, July 6, 2015

Bail Review Permissible Where Material Change

R. v. A.A.C., 2015 ONCA 483:


[51]      Third, St-Cloud addresses the bail review authority under ss. 520 and 521 of the Criminal Code.  With respect to those sections, St-Cloud instructs that it will be appropriate for a bail review judge to interfere with a bail justice's decision in one of three circumstances: i) if the bail justice erred in law; ii) if the impugned decision was "clearly inappropriate"; or iii) where new evidence submitted by the accused or the prosecutor shows a material and relevant change in the circumstances of the case:  at paras. 121 and 139.

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