« Modèle:ReverseOnusCirc » : différence entre les versions

De Le carnet de droit pénal
m Remplacement de texte : « s.  » par « l'art.  »
m 1 version importée
(Aucune différence)

Version du 22 juin 2024 à 14:09

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));