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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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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.
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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, 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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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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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, 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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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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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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R v Antic: Making way for a more efficient bail system by Alice Pan ยท September 29, 2017
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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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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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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.
Assignment 1 Case Comment R v. Antic Introduction This comment is
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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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.