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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.
The following are the principles and guidelines to follow when considering bail according to Antic: a. the presumption of innocence makes bail a constitutional right b. unconditional release on an undertaking is the default position when granting release c. the release of an accused is favored at the earliest reasonable opportunity and on the least onerous grounds d. a justice of the peace or judge cannot impose a more restrictive form of release unless the Crown has shown it is necessary e. each step of the ladder must be considered individually and must be rejected before moving to a more restrictive form of release f. a recognizance with sureties is one of the most onerous forms of release g. “it is not necessary to impose cash bail on an accused if they or their sureties have reasonably recoverable assets and are able to pledge those assets to the satisfaction of the court to justify their release.” Cash bail should be relied on only in exceptional circumstances in which release on a recognizance with sureties is unavailable h. both cash deposit and surety are required only if the accused is from out of Province or does not normally reside within 200km of the place in which they are in custody - s.515 (2)(e) i. when cash bail is ordered, the amount must not be beyond the readily available means of the accused and their sureties Working with Mr. Garih provided me deep insight into the life of a lawyer, court procedures and the Canadian legal system. Throughout, Mr. Garih encouraged me to ask questions that he patiently answered; this deeply expanded my understanding of the profession.
I was also given the opportunity to shadow other lawyers, which greatly expanded my range of perspectives. In the process I was introduced not only to many other lawyers, but also judges, court workers and other legal experts, establishing my own network of contacts within the courts. I gained some public speaking skills and experience by appearing and addressing the court, writing legal memos and interviewing clients. These practical skills will greatly aid me in my professional journey, especially if I decide to become a lawyer. This internship also changed the way I view the justice system and the people who find themselves facing the courts. It has awakened me to the need for an understanding of addiction and mental health, and how these two components intersect at the heart of crime, especially in the Downtown East-side of Vancouver. Overall, this internship was a deeply motivational experience and has led me to develop a passion for criminal law. |
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