Reasonable expectations about bail hearing
Judicial interim release or a bail or a show-cause hearing is discussed in depth in Section 515 Criminal Code.
When a person is arrested under the criminal code, if the person is not released by the police by signing an undertaking, they are required to bring the person before a justice within 24 hours of their arrest. If the crown cannot prove, on valid grounds, justification for detention, the person must be released. This is not the scenario in case of serious offences where “reverse onus” takes place. i.e. the accused is required to prove why they should be released as opposed to being detained.
The three basis (to be proved by the crown) for denial of bail in a show-cause hearing would be (i) flight risk (the person will not attend court), (ii) the person is a danger to the public and that there is a substantial likelihood for interference in administration of justice; or (iii) in the court’s opinion, the public would lose confidence in the justice system if the person is to be released.
Lastly, despite the crown’s argument bail can be granted if the accused can either provide sufficient sureties, sworn statement to not interfere in administration of justice or to break the law, cash bail or by agreeing to wear an electronic monitoring bracelet at the cost of the accused.
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