Duhaime's Law Dictionary

Judicial Interim Release Definition:

Pre-trial release of an individual accused of a crime; bail.

Related Terms: Bail

A term used in the Canadian Criminal Code to refer to the more commonly known process of pre-trial release of a person accused of a crime or bail.

Indeed, the legislation that introduced the term into Canadian law was aptly called the Bail Reform Act.

§515 of the Code, entitled Judicial Interim Release, provides:

"Subject to this section, where an accused who is charged with an offence other than (treason, alarming Her Majesty, intimidating Parliament or a legislature, inciting to mutiny, sedition, piracy or murder) ... is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, order, in respect of that offence, that the accused be released on his giving an undertaking without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made and where the justice makes an order under any other provision of this section, the order shall refer only to the particular offence for which the accused was taken before the justice."

At 518, the Code codifies the judicial interim release (bail) process:

"... the justice may ... make such inquiries, on oath or otherwise, of and concerning the accused as he considers desirable;

"The accused shall not be examined by the justice or any other person except counsel for the accused respecting the offence with which the accused is charged, and no inquiry shall be made of the accused respecting that offence by way of cross-examination unless the accused has testified respecting the offence;

"The prosecutor may, in addition to any other relevant evidence, lead evidence to prove that the accused has previously been convicted of a criminal offence, to prove that the accused has been charged with and is awaiting trial for another criminal offence, (to prove that the accused has previously (escaped and was at large without excuse)..., or to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused;

"The justice may take into consideration any relevant matters agreed on by the prosecutor and the accused or his counsel;

"The justice may receive evidence obtained as a result of an interception of a private communication ... in writing, orally or in the form of a recording; ...

"The justice shall take into consideration any evidence submitted regarding the need to ensure the safety or security of any victim of or witness to an offence; and

"The justice may receive and base his decision on evidence considered credible or trustworthy by him in the circumstances of each case."


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