JUST*2020 Lecture Notes - Lecture 6: Recognizance, Endangerment, Reverse Onus
Document Summary
Introduction: release refers to the termination of arrest, detention, and custody, an arrested person cannot be held in custody arbitrarily, section 9 everyone has the right not to be arbitrarily detained or imprisoned. Canadian charter of rights and freedoms: this applies to all federal legislation. Post-custody detention: an accused who is held in custody must be taken before a justice within 24 hours or as soon as possible (s. 503 and 515 criminal code) The surety is responsible for ensuring the accused attends his or her court date. Contains two distinct elements: the right to reasonable bail, , the right not to be denied bail without just cause. Presumption of innocence: section 6(1) c. c. ensures that a person shall be deemed not to be guilty of the offence until he is convicted. , denial of bail has a detrimental effect on the presumption of innocence.
