Her Majesty the Queen in Right of Canada v. Kevin Antic

(Ontario) (Criminal) (By Leave)


Canadian charter (Criminal).


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Charter of Rights and freedoms – Right to reasonable bail – Whether s. 515(2)(e) of the Criminal Code, R.S.C. 1985, c. C-46, infringes the right under s. 11(e) of the Charter not to be denied reasonable bail without just cause – If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society – If not, whether words should be severed from s. 515(2)(e) and struck down?

On an application for judicial interim release, if an accused does not ordinarily reside within two hundred kilometres of the place in which he or she is in custody, then pursuant to s. 515(2)(e) of the Criminal Code, on the accused entering into a recognizance with or without sureties as the justice directs and depositing with the justice such sum of money or other valuable security as the justice directs, the judge hearing the application shall order judicial interim release unless the prosecutor shows cause why detention of the accused is justified.