(i) First component – Right to reasonable bail In other words, the term "bail" in section 11(e) can apply to any term of the release, such as a requirement for an undertaking to appear, a recognizance with sureties, and/or any other condition or restriction on the liberty of the accused ( Pearson, supra, at paragraph 48). It is not restricted to the actual money or other valuable security that may, in some circumstances, be deposited with the court as a condition of release. The word "bail" must be interpreted broadly as applying to judicial interim release in general and not any particular form of interim release. The section 11(e) right “has two distinct components: (i) the right to ‘reasonable bail’ in terms of quantum of any monetary component and any other conditions that might be imposed and (ii) the right not to be denied bail without ‘just cause’” ( St-Cloud, supra at paragraph 27 Hall, supra at paragraph 16 Pearson, supra at paragraph 46 Antic, supra at paragraph 36). Right not to be denied reasonable bail without just cause See the discussion under Section 11 – General to determine whether or not the person has been "charged with an offence" for the purpose of section 11. Section 11(e) applies to “any person charged with an offence”. Threshold for engagement: person must be charged with an offence 328 at paragraph 70, quoting Pearson, supra at 691, citing Morales, supra at 728). To automatically order detention would be contrary to the ‘basic entitlement to be granted reasonable bail unless there is just cause to do otherwise’ that is guaranteed in section 11(e) of the Charter” ( R. The Supreme Court also has noted that “in Canadian law, the release of accused persons is the cardinal rule and detention, the exception. 509, at paragraph 1 Pearson, supra, at paragraph 43 see also R. Section 11(e) is a procedural right that “entrenches the effect of the presumption of innocence at the pre-trial stage of the criminal trial process and safeguards the liberty of accused persons” ( R. 711, at 735 see also Pearson at paragraph 40). Section 11(d), which specifically guarantees the presumption of innocence and other procedural rights for persons charged with an offence, does not directly apply to bail proceedings because guilt or innocence is not determined in such proceedings and punishment is not imposed ( R. However, Charter analysis of pre-trial detention generally will take place under the specific right set out at section 11(e) rather than under section 7 ( R. Residual constitutional rights to bail may be provided under section 7 of the Charter (see under the heading of Bail Pending Appeal, below). Similar provisions are also included in the following international, regional and comparative law instruments that are not legally binding on Canada: Constitution of the United States of America, the Eighth Amendment article 5(3) of the European Convention on Human Rights and article 7(5) of the American Convention on Human Rights. See also the following international instruments binding on Canada: article 9(3) of the International Covenant on Civil and Political Rights, and article XXV of the American Declaration of the Rights and Duties of Man. Section 2(f) of the Canadian Bill of Rights is a similar provision. not to be denied reasonable bail without just cause.Any person charged with an offence has the right: Section 11(e) – Right not to be denied reasonable bail without just causeġ1.
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