R. v. Antic, 2017 SCC 27 - Summary - Law of Bail

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.

• Bail should be based on the ladder principle (s.515(3) of the Criminal Code) which requires a judge to impose the least onerous form of bail unless the Crown successfully argues why it ought to be otherwise.
• Where a bail review is applied for, the court must follow the law set out in St-Cloud.

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