Digest: R v Heathen, 2018 SKPC 29

DateApril 06, 2018

Reported as: 2018 SKPC 29

Docket Number: PC17113 , 991036908|991036909|991040859|991040858

Court: Provincial Court

Date: 2018-04-06

Judges:

  • Agnew

Subjects:

  • Criminal Law � Judicial Interim Release

Digest: The accused applied for judicial interim release. The Crown opposed his release and the defence raised the applicability of the Gladue decision. The court ordered the release of the accused and later provided its opinion regarding whether Gladue applies to judicial interim release.
HELD: The court held that the Gladue decision does not apply to bail hearings. The Gladue decision is confined to sentencing and the considerations found in s. 718.2(e) of the Criminal Code. Although culture-specific considerations which speak to the primary, secondary or tertiary grounds set out in s. 515 of the Code with respect to the specific accused before the bail court will always be potentially relevant, they are not related to the factors outlined in Gladue or Ipeelee and are equally applicable to all accused persons seeking judicial interim release.

Federal Statutes Considered:

  • Criminal Code, RSC 1985, c C-46, s 515
  • Criminal Code, RSC 1985, c C-46, s 515(10)
  • Criminal Code, RSC 1985, c C-46, s 718
  • Criminal Code, RSC 1985, c C-46, s 718.01
  • Criminal Code, RSC 1985, c C-46, s 718.02
  • Criminal Code, RSC 1985, c C-46, s 718.03
  • Criminal Code, RSC 1985, c C-46, s 718.1
  • Criminal Code, RSC 1985, c C-46, s 718.2
  • Criminal Code, RSC 1985, c C-46, s 718.2(e)
  • Criminal Code, RSC 1985, c C-46, s 718.21
  • Criminal Code, RSC 1985, c C-46, s 718.3
  • Extradition Act, SC 1999, c 18, s 44(1)(a)

Cases Considered:

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