This decision addresses the application of the 'Ladder Principle' in bail hearings, particularly concerning the interplay between prior judicial release orders and subsequent police undertakings or summonses on the same charges.
The court clarifies that police bail does not supersede judicial release orders and that only a judicial officer can vary or cancel a judicial release order.
It examines the mens rea implications for defendants facing multiple release documents and proposes a re-organization of police undertakings for clarity.
The decision also details which types of arrest warrants can be endorsed for police release, emphasizing that warrants under s. 512.3 of the Criminal Code can never be endorsed, and that s. 512(1) warrants should only be endorsed in exceptional circumstances (like the COVID-19 pandemic).
Finally, it reiterates the police's discretion to release a defendant on an endorsed warrant.
