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| Patrick J Ducharme |
The three grounds of detention have equal weight. Reference to the primary, secondary, and tertiary grounds of detention should not lead one to the mistaken impression that one is given higher priority over the other. The prosecutor generally has the onus to justify an accused’s detention in all cases, except where the Code expressly provides otherwise. In addition to the reverse onus placed upon the accused created by section 522 for offences listed in section 469, subsection 515(6) outlines the specific instances where the onus is reversed to the accused even for non-469 offences.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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