Can a judge grant bail for an accused who has broken his bail?

Manitoba, Canada


The following excerpt is from R. v. Engel and Friedman, 1980 CanLII 3102 (MB CA):

8 I do so as well because, in my opinion, to grant bail would not be in the public interest. By "public interest", I do not mean concern for public safety alone. I adopt the reasoning of Culliton, C.J.S., in Regina v. Demyen (1976), 26 C.C.C.(2d) 324, to the effect that the public interest involves the issue of public confidence in and respect for the court and for the administration and enforcement of the criminal law. Where accused persons have broken their bail, are brought back into custody after extradition proceedings conducted at public expense, and are then found guilty of serious crimes, it would bring the administration of the criminal law into serious disrepute if they were then re leased, even under stringent terms of bail. I therefore deny the application on the additional ground that it is not in the public interest to allow bail. Application dismissed.

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