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Catch and release

Thursday, October 20, 2016 @ 8:00 PM | By Stephanie Heyens

A justice of the peace in Guelph, Ont., has released a judgment on bail that could change how lawyers apply the bail provisions of the Criminal Code.

In his reasons, justice of the peace Michael Cuthbertson relies on s. 515(3) of the Criminal Code which requires the Crown to “show cause” why any release more onerous than an undertaking is necessary. Despite the age of the provision and its daily use in bail courts across Canada, this decision reminds justice participants that surety bails should not...