In what circumstances will a defendant be released from jail pending trial?

Ontario, Canada


The following excerpt is from McCreight v. The Attorney General, 2012 ONSC 1983 (CanLII):

In Scott v. Ontario, [2002] O.J. No. 4111 (S.C.), at para. 31, Cameron J. stated: Under our system of criminal law, a person accused of a crime must bear the consequences of arrest and incarceration until trial. No one wants to be forced to bear the costs of defence, loss of a job, lost opportunities, loss of reputation, loss of freedom and other indignities that come with imprisonment. Subject to the granting of judicial interim release, even an innocent person must bear these consequences and without recourse to compensation.

Other Questions


In what circumstances will a judge order that a defendant must disclose his income before a second trial? (Ontario, Canada)
In what circumstances have costs been denied or substantially reduced because of the unsuccessful party's financial circumstances? (Ontario, Canada)
What is the test for establishing that a substantial and unexpected change in circumstances when a trial date has been set? (Ontario, Canada)
Is there a risk to the trial of this report if this report is excluded from the trial? (Ontario, Canada)
In what circumstances will a defendant be found guilty of possession of cocaine in a shared apartment? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
In what circumstances will the court order a lawyer not to advise opposing counsel before taking steps to note a defendant in default? (Ontario, Canada)
Does the meaning of the word "alibi" affect a defendant's right to a fair trial? (Ontario, Canada)
In what circumstances will a defendant be held liable for leaving a city truck running and unattended outside a coffee shop? (Ontario, Canada)
Is there any case law where a defendant deliberately fails to appear at trial? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.