R. v. B.D.R.

(Calgary, P.C. - PPT).  BDR sought judicial interim release (bail) in relation to a plethora of charges, including: cocaine trafficking in Calgary, possession for the purpose of trafficking, unlawful discharge of a firearm, breach of recognizance and failing to appear in court. In R. v. Antic the Supreme Court of Canada recently re-affirmed cornerstone principles ingrained into Canada's criminal law: the presumption of innocence and the right to reasonable bail. With respect to judicial interim release (or bail), the Supreme Court was very clear that all persons accused of crime are presumed innocent until proven guilty and have a right to reasonable bail unless there is "just cause" to believe that detention is necessary. The narrow set of circumstances for detention include: unmanageable flight risk, the risk of new criminal offences that will endanger the public and the loss of public confidence in the administration of justice. For BDR the strength of the crown's case was highlighted; this included serious issues with the Crown's ability to identify the accused as the perpetrator of any crime. Since BDR was charged with trafficking and firearms offences, the onus on bail was reversed -- meaning, he had to show cause for release. Though there were many Calgary criminal lawyers to choose from, BDR hired David Chow -- a Calgary drug lawyer, firearms lawyer and full service criminal defence lawyer with nearly two-decades of experience defending cases in Court. As result of showing weaknesses in the Crown's case, BDR was granted judicial interim release. Bail is critical to the defence of any case. If you are looking to retain a Calgary bail lawyer, call David Chow for a free consultation.