Assignment Two —   Prov 2301- 01

Assignment Two —   Prov 2301- 01 

This assignment is worth 10% of your final mark. Marks for each question are indicted after the question.  30 marks in total

The assignment must be submitted using DC Connect. It must be typewritten. 1.5 spaced, minimum of two pages, maximum five. Marks may be deducted for spelling, grammar and format mistakes. Most of the questions require short answers. Please explain your answers in complete sentences – one-word answers are not acceptable. Long answers probably contain irrelevant or wrong points and will reduce the mark accordingly. Each group must hand in one assignment that clearly shows the name of each member. Students may work individually or in groups of up to four. If so, the assignments must indicate the names of all students consulted in the preparation of each assignment and all members of the group will receive the same mark.

This assignment involves a critical reading of R. v. Tunney, 2018 ONSC 961. Consulting R. v. Antic, 2017 SCC 27 and the appropriate sections of the Criminal Code as well as Chapter 15 of the textbook may be helpful.

1. An important consideration in this case is that it was a Crown onus bail hearing. What exactly was the Crown’s onus in this bail hearing? (1)
2. One of the main issues at the original bail hearing in this case was that duty counsel asked for a bifurcated bail hearing. What is a bifurcated bail hearing? (2)
3. In as much detail as you can find in the decision, please describe the outcome of the original bail hearing. (2)
4. Early in the decision DiLuca J. said the bail hearing conducted in this case raises a number of concerns. What are those concerns? (3)
5. In paragraph 18 of the decision Justice DiLuca quotes from the submissions of the Justice of the Peace. Her Worship said “it’s a superior court decision where there is, gradual increase of more stringent release orders. But each case, in my view, stands on its own.” What did Justice DiLuca say was wrong with this analysis? (2)
6. Justice DiLuca says, “the concept of reasonable bail also relates to the conditions of a bail release.” In terms of the Constitution what does Justice DiLuca say about terms of bail that are unreasonable? (1)
7. The ladder principal and the authorized forms of release are now enumerated in section 515 (1) to (3) of the code. In two or three sentences what is the ladder principal? (3)
8. What does the ladder principal require that a Justice not order? (1)
9. The widespread use of sureties has consistently been criticized for causing three problems. What are those three problems? (3)
10. Is there a legal requirement for a surety to testify in court in order to secure the release of an accused? (1)
11. Give two other examples of how it can be decided whether a proposed surety is acceptable. (2)
12. Justice DiLuca decided that the Justice of the Peace erred in law by failing to recognize the clear message of the antic decision. What is that message? (3)
13. Are there legitimate cases where the Crown indicates that its final position on bail is contingent on hearing the defence evidence, including the evidence of the proposed surety or sureties? Is this the default position in bail hearings? How common should such earrings be? (3)
14. In most cases will a bifurcated process be appropriate? In one or two sentences, why? (3)