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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, 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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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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In the 2017 decision of R v Antic, the Supreme Court of Canada seized an opportunity to attempt to clarify the laws of judicial interim release and to re-iterate the somewhat forgotten "ladder principle".1 Upon a third bail review, where Mr. Antic challenged the constitutionality of s. 515(2)(e) of the Criminal Code, the bail review judge severed and struck down the geographical limitation.
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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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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 (CanLII), [2017] 1 SCR 509 In the 2017 decision of R v Antic, the Supreme Court of Canada seized an opportunity to attempt to clarify the laws of judicial interim release and to re-iterate the somewhat forgotten "ladder principle".[1]
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[…] SUPREME COURT OF CANADA Citation: R. v. Zora, 2020 SCC 14, [2020] 2 S.C.R. 3 Appeal Heard: December 4, 2019 Judgment Rendered: June 18, 2020 Docket: 38540 Between: Chaycen Michael Zora Appellant and Her Majesty The Queen Respondent - and -
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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 — Unreasonable denial of bail [ s. 11 (e)] Facts: Antic arrested in Ontario and charged with several drug and firearm offences.
Assignment 1 Case Comment R v. Antic Introduction This comment is
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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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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Docket: 36783 Between: Her Majesty The Queen in Right of Canada Appellant and Kevin Antic Respondent - and - Canadian Civil Liberties Association and Criminal Lawyers' Association (Ontario) Interveners
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Supreme Court of Canada Home Decisions and Resources Supreme Court Judgments R. v. Antic This page contains a form to search the Supreme Court of Canada case information database. You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court.
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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 — 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: Making way for a more efficient bail system by Alice Pan · September 29, 2017
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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.