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| Patrick J Ducharme |
In certain circumstances the accused bears the onus of establishing, upon being given a reasonable opportunity to do so, why his detention in custody is not justified.
Subsection 515(6) provides that a Justice shall order that the accused be detained in custody until he is dealt with according to law, unless he shows cause that his detention is not justified in the following circumstances:
The accused is charged with an indictable offence other than one listed in section 469, that:
is committed while at large after being released on another indictable offence that is alleged to have been committed while at large after being released in respect of another indictable offence.
an offence under sections 467.11, 467.111,
467.12 or 467.13 or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization.
an offence under sections 83.02 to 83.04 and
83.18 to 83.23 or otherwise is alleged to be a terrorism offence.
an offence under sections 99, 100 or 103
an offence under section 239, 272 or 273; 279 (1); 279.1; 344 or 346 that is alleged to have been committed with a firearm.
an offence that is alleged to involve, or whose subject matter is alleged to be a firearm.
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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