All Bail issues

R v Smith – 2013 ONSC 1341 (Dambrot): [25] A surety may simply wish to be freed of his or her obligations because he or she is relocating, or has taken on other responsibilities making it impossible to continue in the role of a surety. In these cases, the cumbersome process of rendering, committal and a new judicial release hearing Read more...

R v. Mott – 2013 ONSC 1768 (Gauthier): [33] Further, I would emphasize that in Smith, Dambrot J. points out at paragraph 35 that several other judges and authors have concluded that a new bail hearing is required when an accused has been rendered by a surety and committed to prison. [34] The court, in Smith, further points out, at Read more...

R v Mott – 2013 ONSC 1768 (Gauthier): [1] On November 22, 2012 David Mott was released on bail, with his stepmother acting as his surety. His release conditions were strict, and included a specific requirement that he reside with his stepmother and abide by her rules. She withdrew five days after the bail hearing. Two other proposed sureties came Read more...

R v Anderson, 2018 ONSC 5720 (Penny): [18] Wagner J. wrote in St-Cloud at paragraph 131: …that a generous and liberal interpretation of the meaning of new evidence in the context of section 520 and 521 of the Criminal Code is thus quite consistent with the principles developed by this court. [19] He went on to say the due diligence Read more...

R v Claros – 2019 ONCA 626 (Paciocco): [67] The fact that only one of his adult offences was a violent offence does temper the required sentence. However, his long list of driving offences reveals a history of disregard for the safety of others that is relevant in sentencing his reckless behaviour during the Hamilton shooting. His numerous breaches of Read more...