This week, we’re having a timely discussion about bail law, featuring Toronto criminal lawyer, Trevin David. Topics: Bill C-48 and proposed reverse onus; excessive delays for bail hearings; caselaw post-Antic. This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (57:35) Download Transcript
⚫ What will Bill C-48’s reverse onus for bail matters impact existing systemic issues in the criminal justice system? (7:06)
⚫ How are courts ruling on matters involving excessive delay for bail hearings? (18:41)
⚫ How has the caselaw (and legislation) evolved in response to the ‘ladder principle’ for bail decisions? (29:05)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (38:23)
? How does the bail system in America compare to that in Canada? (39:16)
? Many critics have maintained that Canada’s bail system is “broken”. Is this an accurate statement and, if so, how can it be fixed? (43:35)
? How does the Legal Aid system (including funding) impact the fairness and efficiency of the criminal justice system?
? What role do you think collegiality plays within the criminal law bar?
1. Bill C-48 – Reversing the Onus in Bail Matters (14:51) Download
– Bill C-48 – An Act to amend the Criminal Code (bail reform)
– “Federal government proposes stricter bail system in new bill” (CBC News, May 17, 2023)
2. Excessive Delays in Bail Hearings (13:40) Download
– R. v. Simonelli, 2019 ONCJ 927
– “GTA robbery case tossed over 17-day wait for bail hearing; lawyers warn of “ripple effect’ “, (Toronto Star, Jun 28, 2023)
3. The Ladder Principle – CaseLaw Post-Antic (12:35) Download
– R. v. Antic, 2017 SCC 27
– R. v. Myers, 2019 SCC 18
– R. v. Zora, 2020 SCC 14
4. Ask-Me-Anything: Bail Law (19:00) Download
? How does the bail system in America compare to that in Canada?
? Many critics have maintained that Canada’s bail system is “broken”. Is this an accurate statement and, if so, how can it be fixed?
? How does the Legal Aid system (including funding) impact the fairness and efficiency of the criminal justice system?
? What role do you think collegiality plays within the criminal law bar?
About the Guest:
Trevin David is a criminal defence lawyer and a partner with Daniel Brown Law in Toronto.
He runs a trial-focused criminal defence practice in the Ontario Court of Justice and Superior Court of Justice throughout Ontario. The majority of his practice is focused on representing people charged with sexual offences and other serious indictable offences. He is a member of the Law Society of Ontario and the Criminal Lawyer’s Association.
Trevin has guest lectured at Queen’s University Law School and Toronto Metropolitan University, and also presented at legal conferences hosted by the Law Society of Ontario, Criminal Lawyers Association, and the Ontario Crown Attorneys Association. Trevin. He is also frequently asked by journalists to provide commentary on issues in the justice system appearing on CTV Your Morning, CBC Metro Morning, CP24 and the Toronto Star.