When a person has been charged with a criminal offence, to be released on bail, they may need one or more people to act as their surety. A surety pledges an amount of money that they forfeit if the person they are surety for does not comply with their bail conditions....
Drinking too much while caring for children creates an obvious risk of abuse or neglect. It can lead to a parent losing custody and seeing their children only while supervised. Because the stakes are so high and because it can be so difficult to prove or disprove whether a parent really does drink to the point of placing their children at risk,
The provinces and federal government operate a mixed bag of electronic monitoring programs. The programs vary in significant respects. First, let’s summarize which governments operate programs, what type of monitoring they use and whether the monitoring is used pre-conviction, post-conviction, or both.
Since 2010, about 30 people facing criminal charges involving alcohol have achieved a better outcome by participating in RSC’s continuous alcohol monitoring programs. These cases have involved diverse factual situations and charges ranging from repeated instances of mischief to impaired driving causing death to murder. We believe there are many more cases in Canada where our alcohol monitoring programs can help.
Electronic monitoring has long been a fixture in the U.S. justice system, where tens of thousands of accused criminals wear GPS-monitoring bracelets — not just celebrities such as Weinstein. But GPS monitoring is also becoming more common in Canada, with growing acceptance by judges and justices of the peace that the devices can be another safeguard in a release plan.
The electronic bracelet to monitor violent ex-spouses is used in several countries, including France, which has just officially adopted it this week, but the practice is still in its infancy in Quebec. The link to article in French is available inside the post.
GPS for bail: is it best to propose it at the initial bail hearing, or hold it in reserve for a detention review?
Case law has established the ladder principle, which is that the conditions imposed as part of a bail should be the least onerous ones necessary to meet the legal tests. At the same time, in difficult cases, the accused risks being detained if they don’t present a plan of supervision that is strong enough.
Recovery Science has been involved in well over 1,000 bail hearings and bail reviews. We provide counsel with court-ready written material, make ourselves available to answer questions from the Crown in advance of a hearing, and, if necessary, and we can testify in person or remotely. We also have an extensive list of cases and can assist counsel in identifying the ones that are most pertinent to the issues in a specific matter.
Where a person has taken risks because he calculates the chances of being caught as being low, the monitoring changes the analysis. In addition to encouraging compliance with specific conditions, such as curfew or permitted exceptions to a house arrest, GPS monitoring is also a deterrent to a person committing offences where the record of their location would link them to the offence.