Mar 27
Lockyer Zaduk Zeeh are experienced Toronto gun bail lawyers and Brampton gun bail lawyers. We are regularly running contested gun bail hearings, and we boast a high success rate. We work closely with your family and friends to craft a sufficient release plan to maximize your chances of success. If you need a gun bail lawyer in Toronto or elsewhere in Ontario, give us a call at 416-613-0416 or at our 24/7 line at 416-613-8764.
Proposed Bail Changes
As a result of high profile cases in the media, politicians, police, and others have called on bail reform. Recently, legislation was tabled which would introduce new bail provisions. If you are charged with a firearm offence while they are bound by a weapons prohibition (ss. 109 or 110 of the Criminal Code), you may be required to meet the follow proposed test for release:
515 (10.1) Despite subsection (10), in the circumstances set out in subsection (10.2), the detention of an accused in custody is justified unless the accused establishes, to the satisfaction of the justice, that
(a) the detention is not necessary to ensure the accused’s attendance in court in order to be dealt with according to law;
(b) there is minimal likelihood that the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
(c) there is minimal likelihood that the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including those set out in subparagraphs (10)(c)(i) to (iv).
As currently crafted, this would be a substantial change to firearm bails. The current standard is a “substantial likelihood”, the new provisions increase the onus an accused must meet to secure their release. If the legislation, as currently drafted, is passed, it would create a heavy presumption that accused charged with a firearms offence while on a weapons prohibition should remain in custody awaiting their trial.
