Defence application for certiorari arising from a Provincial Court decision to revoke bail. Accused was arrested under 542(2)(a) CC as a peace officer believed that he had breached his recognizance. When the accused appeared in Court, and without hearing submissions, the judge immediately revoked bail, stating that s. 524 CC required that bail be cancelled.
Held: Certiorari granted.
524(3) requires that where an accused has been arrested for breach, the Court shall: “hear the prosecutor … and the accused and his witnesses”. Judge erred in failing to engage in the necessary inquiry prior to deciding whether or not to revoke bail.
J. Edgett – Defence Counsel