Pursuant to the Canadian Charter of Rights and Freedoms. Section 11(e) is the constitutional provision which states that “any person charged with a criminal offence has the right not to be denied reasonable bail without just cause”. This is a supreme right afforded to persons in Canada.
This charter right in conjunction with the governing bail provisions in the criminal code layout the fundamental practices in Bail. Section 515 of the Criminal Code is the governing provision that monitors the accused release on bail and in accordance with this section there are conditions that could be attached to the release of the accused depending on the nature of the offence.
When can Bail be denied?
Under section 515 of the Criminal Code the court shall make an order for release of an offender unless the prosecutor justifies why detention is warranted and if the offender was not charged for offences listed under section 469 of the Criminal Code.
The prosecutor has to prove the grounds for your detention and must show cause for detention. Hence, a bail hearing is called a show-cause hearing. Under section 515 of the Criminal Code there are several grounds the prosecutor may rely on for the justificiation of the detention which includes ensuring accuseds detention in court; protection of the public; and maintaining confidence of the administration of justice.
In regards to offences listed under section 469 of the Criminal Code, Section 515 also deal with instances where the detention is required until the accused is dealt with according to law. Under section 522 of the criminal code the judge of the Superior Court shall order the accused be detained unless the accused can show why detention is not warranted under section 515. This is a reverse onus which is placed on the accused to justify his/her own release.
Not being able to get release on bail can often be a daunting experience. This is why I recommend that you contact my office to speak to a criminal lawyer to assist you in your matter. I have the expertise, knowledge, and the legal resources to assist you in your criminal charge. I fiercely advocate for my clients and ensure that their rights are no infringed afforded to them under the law.
Call my office at (905) 230-4529 . My lines are available 24/7.
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