All Bail - Onus

R v Shakiem ANDERSON, 2018 OJ No. 5043 (Penny – SCJ): [56] It must be remembered as well that this is a reverse onus case; the ladder approach does not apply. In my view the defendant has failed to discharge his onus of showing that his plan of supervision, given his antecedent behaviour, will sufficiently protect the public or keep Read more...

R v. Sakhiyar, 2018 ONSC 5767 (Bale): [7] I do not accept defence counsel’s argument that the bail justice erred in law by failing to apply the “ladder principle”. This was a reverse onus bail hearing to which the “ladder principle” does not apply.” In this regard, I accept the following statement of law contained in Trotter, The Law of Read more...

R v Ishmael – 2019 ONSC 596 (Goldstein): [30] I disagree. The justice of the peace erred by applying the ladder principle in a reverse onus situation. I agree with the following statement of Bale J. of this Court in R. v. Sakhiyar, 2018 ONSC 5767, at para. 7, which in turn relies on Justice Trotter’s work on bail: I Read more...