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| Patrick Ducharme |
Subsection 11(e) of the Charter provides that reasonable bail is a constitutionally protected right. In an unreported decision of the Ontario Superior Court of Justice, Justice Joseph Quinn in R. v. Benic decided that the practice of remanding accused persons for greater than three days without the consent of the accused was an infringement of subsection 11(e) of the Charter as well as a breach of the mandatory provisions of subsection 516(1) of the Code and he ordered that the accused be given an immediate bail hearing in accordance with subsection 516(1).
Burden of Proof
The evidentiary burden upon the Crown at this early stage is upon the minimum standard, the balance of probability.
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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