What are the principles governing the exercise of a judge's discretion to order estreatment of bail funds?

British Columbia, Canada


The following excerpt is from R. v. Flanders, 2015 BCCA 33 (CanLII):

The chambers judge then turned to the helpful and thorough analysis of the principles governing the exercise of a judge’s discretion to order estreatment of bail funds in United States v. Le, 2010 BCSC 1653, in which Maisonville J. recognized that “[t]he overarching purpose of a forfeiture order is to maintain the integrity of the bail system” because “[i]t is the threat of forfeiture that upholds the effectiveness of bail”: Le at paras. 14 and 15. The decision to order forfeiture of all, some, or none of the deposit is within the discretion of the presiding judge under s. 771 of the Criminal Code. As Maisonville J. observed, the discretion vested in the judge is “broad”: Le at para. 18.

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