Robert Wright is charged with first degree murder. The Criminal Code requires his bail to be determined by the Superior Court of Justice. For most offences, bail is first determined in the Ontario Court of Justice. It is then appealed to Superior Court is there is a material change in circumstances (new bail plan, change in charges, etc.) or if there was a wrong application of the law (the justice did not consider the law properly or neglected to consider certsin obvious facts). In order to release am accused person on bail, the court will consider 3 grounds: attending court (primary grounds), there there is a risk of the accused reoffending or committing further offences (secondary grounds), or if it’s the public interest to detain (tertiary grounds). Each of these grounds is further detailed in the criminal code the the great jurisprudence of case law. Good reads for further understanding include Trottier’s on Bail or the case of R v Antic SCC 2017. For the mostly part, the judge just needs to be convinced on a balance of probability that the accused will attend court and they they will not offence. If there is a solid surety who will supervise an accused person, and the accused does not have convictions for breaches of court orders, and a respectable amount of money pledged, then it is almost impossible to detain someone. I haven’t heard the evidence in the Robert Wright case but I would bet 9 times out of 10 that he’s getting released. The main issues will be just how tight his restrictions will be: curfew? House arrest? travel restrictions? Restrictions to the internet and alcohol? Also, remember, bail orders are court orders. Breaching them makes it’s difficult to secure interim judicial release again. Its always harder awaiting and preparing for trial behind bars then it is on the outside. Don’t forget, you only get chance at bail in the Ontario court. If you are detained, it will take weeks of sitting in jail before you can appeal, obtain the transcripts and have a lawyer prepare the necessary written application record associated with a bail review.
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