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However, up until now, very little has been written about footnote 4 in R. v. Antic - a footnote which actually can make a fundamental difference to judicial interim release. Footnote 4 can be found at paragraph 48 of Antic, a paragraph that states that a surety release and a cash bail are equally effective at mitigating flight or safety.
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R. v. Antic 2017 SCC 27 "The right not to be denied reasonable bail without just cause is an essential element of an enlightened criminal justice system. It entrenches the effect of the presumption of innocence at the pre-trial stage of the criminal trial process and safeguards the liberty of the accused persons.
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1. Introduction 2. General Principles Governing the Exercise of Discretion 2.1. The Exercise of Crown Discretion and Indigenous Accused 3. The Bail Hearing 4. Conditions of Release 5. Surety Release 6.
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R. v. Antic, 2017 SCC 27, changed the landscape of judicial interim release in Canada. With Antic, the Supreme Court of Canada reestablished the presumption of innocence and the necessity for reasonable bail based on individual circumstances.
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Summary of R. v. Antic R. c. Antic, 2017 CSC 27 (CanLII), [2017] 1 RCS 509 Heard: December 2nd, 2016 Judgment: June 1st, 2017 Criminal law --- Charter of Rights and Freedoms โ Unreasonable denial of bail [ s. 11 (e)] Facts: Antic arrested in Ontario and charged with several drug and firearm offences.
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R. v. 974649 Ontario Inc. - 2001 SCC 81 - [2001] 3 SCR 575 - 2001-12-06. Supreme Court Judgments. Constitutional law. 3.
Assignment 1 Case Comment R v. Antic Introduction This comment is
However, to the Supreme Court of Canada's credit, recent bail decisions like R v Antic have signalled to bail jurists, Crown prosecutors and lawmakers to take a less punitive and carceral.
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R. v. Antic is a reminder to Crowns, Justices of the Peace, and all those participating in the bail process of what is at stake at the bail stage and that accused persons' constitutional rights must not be ignored. If courts across Canada put this decision into practice and remember these crucial principles of bail, unnecessary bail.
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27 The S.C.C. decision R. v. Antic [2017] 1 S.C.R. 509 released in 2017 is without question an important reminder of the presumption of innocence and the ladder principle of release but in my respectful opinion, Antic has diminished relevance and applicability in a reverse onus bail hearing with creates a presumption in favour of detention as.
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R. v. Antic, 2017 SCC 27 (CanLII), [2017] 1 SCR 509 Heard: December 2nd, 2016 Judgment: June 1st, 2017 Criminal law --- Charter of Rights and Freedoms โ Unreasonable denial of bail [ s. 11 (e)] Facts: Antic arrested in Ontario and charged with several drug and firearm offences.
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R. v. Antic, 2017 SCC 27 - Summary - Law of Bail Comments This my summary of R. v. Antic, 2017 SCC 27 A person charged with an offence has the right not to be denied bail without just cause, and has a right to reasonable bail.
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R. v. Antic is a welcome decision from the Supreme Court of Canada. With R. v. Antic, Justice Wagner reestablished the presumption of innocence and reaffirmed the principle of fundamental justice. Moreover, this decision reminds bail court of the significance of the presumption of innocence for accused in custody.
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Introduction This comment is about the decision of the Supreme Court of Canada ("SCC") in R v.Antic, 2017 SCC 27, dated June 1, 2017. The comment examines the issue of whether section 515(2)(e) of the Criminal Code 1 violated section 11(e) of the Charter of Rights and Freedoms ( Charter) 2.Facts Mr. Antic was arrested and charged with several drug and firearms offences in Windsor, Ontario.
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The leading case of R. v. Antic reminded Crowns that they must follow the "ladder principle" regarding bail. This means that the least restrictive form of bail must be considered first, and only if this is rejected as being insufficient, may they move up the ladder to consider the second least restrictive form of release.