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A Guide to Conducting Bail Hearings in Canada
Bail hearings are an integral part of Canada’s judicial system. Get all the answers you need to navigate the bail hearing landscape in this handy reference volume.
Publication Language: English
Published: October 16, 2020
Publisher: LexisNexis Canada
Introducing a practical, accessible resource about how bail hearings are conducted in Canada. Written by an experienced Provincial Court judge, A Guide to Conducting Bail Hearings in Canada offers invaluable insight into this essential component of the Canadian criminal justice system.
Accessible and Relevant
A Guide to Conducting Bail Hearings in Canada is written in an innovative question-and-answer format, with a well-organized table of contents which makes finding the information you need easy and fast. The comprehensive volume begins with a review of the guiding principles of judicial interim release before proceeding into an exploration of the other aspects of bail hearings, including publication bans, adjournments, grounds for detention, revocation of bail, forms and conditions of release, and much more. Judge Koturbash has also included a timely chapter on bail and pandemics that addresses the impact that COVID-19 has had on the bail system in Canada. In addition, judges and lawyers will undoubtedly refer to and come to rely on the bail checklist included in one of the appendices for valuable guidance.
A Guide to Conducting Bail Hearings in Canada provides clear and concise answers to common questions about Canadian bail hearings and will be a particularly useful reference book for criminal lawyers and paralegals, as well as judges and justices of the peace. Law schools and libraries will also want to add this new publication to their existing collections.
Chapter 1: Guiding principles
Chapter 2: Police bail
Chapter 3: Duty to take accused before a justice
Chapter 4: Consenting to release before a justice
Chapter 5: Jurisdiction and forum
Chapter 6: Access to counsel
Chapter 7: Publication bans and exclusion of the public
Chapter 8: Adjournments of the hearing
Chapter 9: Disclosure
Chapter 10: Procedural and evidentiary issues
Chapter 11: The onus and standard of proof
Chapter 12: The grounds for detention
Chapter 13: Strength of the case
Chapter 14: Revocation of bail
Chapter 15: Judicial referral hearings
Chapter 16: Forms of release
Chapter 17: Conditions of release
Chapter 18: Reasons
Chapter 19: Non-communication orders
Chapter 20: Variation or review
Chapter 21: Psychiatric assessments
Chapter 22: Out of province warrants
Chapter 23: Domestic violence and bail
Chapter 24: Conditional sentence breach
Chapter 25: Bail and the Youth Criminal Justice Act (YCJA)
Chapter 26: Bail and the review board
Chapter 27: Indigenous and other vulnerable populations
Chapter 28: Bias
Chapter 29: Bail and pandemics
Chapter 30: Use of social science research
Appendix 1: Summary of bail provisions
Appendix 2: Bail checklist for judges
Appendix 3: Judicial referral hearing checklist [Section 523.1]
