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.
