The Use of Leg Shackles and Handcuffs on the Accused
When accused persons are brought into the courtroom, handcuffs should be removed as soon as they are placed into the dock unless the court officers are aware of a security concern respecting that particular accused. If that is the case, the officers should notify Crown counsel, preferably in advance, so that he or she may make the appropriate application before the presiding judge. R. v. Fortuin , 2015 ONCJ 116. The presiding judge has the discretion to decide whether an accused must appear in court in any form of restraint. A hearing is required to enable the presiding judge to properly exercise his or her discretion on the issue. R. v. Jones , 1996 CanLII 8006 (ON SC) , 107 C.C.C. (3d) 517. There is a longstanding presumption that accused persons appearing in court should not be restrained unless the need for restraints has been justified by the Crown. R. v. McNeill (1996), 1996 CanLII 812 (ON CA) , 29 O.R. (3d) 641 (C.A); See also R. v. Wills, [2006] O.J. ...