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Arrest and bail provisions apply to peace bond proceedings with necessary modifications.
The Crown appealed from a Court of Appeal decision holding that the judicial interim release provisions of the Criminal Code do not apply to peace bond proceedings under s. 810.2.
The Supreme Court of Canada held unanimously that the arrest and JIR provisions of Part XVI of the Criminal Code apply, with necessary modifications, to peace bond proceedings under s. 810.2 and all other peace bond provisions.
The Court found that ss. 810.2(8), 810(5), and 795 operate together to incorporate the arrest and summons provisions of Part XVI into the peace bond scheme, and that the modifications required are changes in points of detail only, not substantive changes in the law.
The Court also provided practical guidance on the ladder of increasingly coercive measures applicable to peace bond defendants, emphasizing that arrest and pre-hearing detention are measures of last resort given that the defendant is not accused of any crime.
Human rights application dismissed; seasonal worker abandoned employment rather than being terminated for marrying.
The applicant, a seasonal agricultural worker, alleged he was terminated because he got married in Canada, claiming discrimination based on ancestry, colour, ethnic origin, family status, and race.
The respondents maintained that the applicant abandoned his employment after his wedding and later sought employment outside of the Seasonal Agricultural Worker Program, which they could not offer.
The Tribunal found the applicant's evidence contradictory regarding his residence after the wedding and concluded it was more probable that he left the worksite and sought work outside the Program.
The application was dismissed.
