« Modèle:ReverseOnusCirc » : différence entre les versions

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Version du 22 juin 2024 à 08:09

If police decide to bring the accused before a Justice pursuant to l'art. 503, there will be a presumption against bail (i.e. a reverse onus) if the offence, prosecuted by indictment, was committed:

while at large under l'art. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (l'art. 515(6)(a)(i));
"for the benefit of, at the direction of, or in association" with a criminal organization (l'art. 515(6)(a)(ii));
where the offence involved a weapon, being a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (l'art. 515(6)(a)(viii)); or
where the accused is not "ordinarily a resident in Canada" (l'art. 515(6)(b)).

And, regardless of Crown election, if the offence alleged was one:

where the offence was an allegation of violence against an "intimate partner" and the accused had been previously convicted of an offence of violence against an "intimate partner" (l'art. 515(6)(b.1));
where the offence alleged is a breach under l'art. 145(2) to (5) while (l'art. 515(6)(c));
where the offence committed (or conspired to commit) was an offence under l'art. 5 to 7 of the CDSA that is punishable by life imprisonment (l'art. 515(6)(d));

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-If police decide to bring the accused before a Justice pursuant to  s. 503, there will be a presumption against bail (i.e. a [[Reverse Onus|reverse onus]]) if the offence, prosecuted by indictment, was committed:
+If police decide to bring the accused before a Justice pursuant to  l'art. 503, there will be a presumption against bail (i.e. a [[Reverse Onus|reverse onus]]) if the offence, prosecuted by indictment, was committed:
-* '''while at large''' under s. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (s. 515(6)(a)(i));
+* '''while at large''' under l'art. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (l'art. 515(6)(a)(i));
-* "for the benefit of, at the direction of, or in association" with a '''criminal organization''' (s. 515(6)(a)(ii));
+* "for the benefit of, at the direction of, or in association" with a '''criminal organization''' (l'art. 515(6)(a)(ii));
-* where the '''offence involved a weapon''', being a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s. 515(6)(a)(viii)); or
+* where the '''offence involved a weapon''', being a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (l'art. 515(6)(a)(viii)); or
-* where the accused is '''not "ordinarily a resident in Canada"''' (s. 515(6)(b)).
+* where the accused is '''not "ordinarily a resident in Canada"''' (l'art. 515(6)(b)).
 And, regardless of Crown election, if the offence alleged was one:
-* where the offence was an allegation of violence against an '''"intimate partner"''' ''and'' the accused had been previously convicted of an offence of violence against an '''"intimate partner"''' (s. 515(6)(b.1));
+* where the offence was an allegation of violence against an '''"intimate partner"''' ''and'' the accused had been previously convicted of an offence of violence against an '''"intimate partner"''' (l'art. 515(6)(b.1));
-* where the '''offence alleged is a breach''' under s. 145(2) to (5) while (s. 515(6)(c));
+* where the '''offence alleged is a breach''' under l'art. 145(2) to (5) while (l'art. 515(6)(c));
-* where the offence committed (or conspired to commit) was an '''offence under s. 5 to 7 of the CDSA''' that is punishable by life imprisonment (s. 515(6)(d));
+* where the offence committed (or conspired to commit) was an '''offence under l'art. 5 to 7 of the CDSA''' that is punishable by life imprisonment (l'art. 515(6)(d));