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 s...