Reviewing a Bail Order of the Superior Court
There is concurrent jurisdiction in the Superior Court of Justice and the Court of Appeal to conduct a bail review under section 520 of the Criminal Code.
R. v. Durrani,
2008 ONCA 856 (CanLII), at para. 16;
This results from the definitions of “superior court
of criminal jurisdiction” and “judge” in sections 2 and 493 of the Criminal Code including both judges of the Superior Court of Justice of Ontario and the Ontario Court of Appeal.
A judge
of the Superior Court of Justice may review the bail order (including a
detention order) made by another judge of that same court.
R.
v. Rootenberg, 2018 ONCA 335.
Section 520 clearly envisions more than one
opportunity to bring a bail review application and contemplates that different
judges of the superior court will sometimes hear these applications.
R. v. Durrani,
2008 ONCA 856 (CanLII), at para. 29.
Absent special
circumstances, courts of appeal should deal with bail pending appeal and
superior courts should deal with bail prior to and during a trial.
R. v. Durrani,
at para. 34.
An alleged error of law by a judge of the Superior
Court of Justice does not, on its own, qualify as a special circumstance
justifying a judge of the Court of Appeal to entertain a review.
R. v. Rootenberg,
2018 ONCA 335, at para. 16;
for a non-exhaustive list
of what may constitute special
circumstances see para. 29 of Durrani;
see
also R. v. George, 2018 ONCA 314.
Criminal Code.
Section 520(1).
If a
justice … makes an order under subsection 515(2), (5), (6), (7), (8) or (12) or
makes or vacates any order under paragraph 523(2)(b), the accused may, at any
time before the trial of the charge, apply to a judge for a review of the
order.
Stuart O’Connell, O’Connell Law Group, www.leadersinlaw.ca (all rights reserved
to author).
Comments
Post a Comment