R. v. Mehan (C.L.),

• Jurisdiction: British Columbia
• Judge: Donald, J.A.
• Court: Court of Appeal (British Columbia)
• Citation: (2016), 386 B.C.A.C. 1 (CA),2016 BCCA 129
• Date: 19 February 2016

R. v. Mehan (C.L.) (2016), 386 B.C.A.C. 1 (CA);

    667 W.A.C. 1

MLB headnote and full text

Temp. Cite: [2016] B.C.A.C. TBEd. MR.036

Regina (respondent) v. Christopher Lloyd Mehan (appellant)

(CA43036; 2016 BCCA 129)

Indexed As: R. v. Mehan (C.L.)

British Columbia Court of Appeal

Donald, J.A.

March 21, 2016.

Summary:

Mehan applied to extend bail; i.e., a new bail order, pending appeal from a conviction of conspiracy to import cocaine. While on appeal bail, he had been charged with refusing to provide a breath sample. The Crown opposed bail on the ground that Mehan's detention was necessary for the protection and safety of the public. Mehan asserted the presumption of innocence in relation to the "refusing to blow" charge. The Crown applied to revoke Mehan's bail and for an arrest warrant.

The British Columbia Court of Appeal, per Donald, J.A., granted Mehan a new bail order pending appeal. "A new charge should not automatically result in revocation or denial; it should be considered contextually and on a practical sense of public safety. ... [H]aving considered the grounds for revocation and denial of bail in light of the presumption of innocence and the Charter entitlement to reasonable bail, and having reviewed the circumstances of the new charges in accordance with the factors I have listed, I exercised my discretion to refuse revocation and to grant the appellant a new bail order pending appeal."

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Civil Rights - Topic 3140

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to bail - See paragraphs 1 to 30.

Civil Rights - Topic 3621

Detention and imprisonment - Bail and interim release - General - See paragraphs 1 to 30.

Civil Rights - Topic 4905

Presumption of innocence - General principles - When applicable - See paragraphs 1 to 30.

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary in the public interest - See paragraphs 1 to 30.

Criminal Law - Topic 3310

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release pending appeal - See paragraphs 1 to 30.

Criminal Law - Topic 3319

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Vacating, cancelling or varying interim release or detention order - See paragraphs 1 to 30.

Criminal Law - Topic 3383

Compelling appearance, detention and release - Arrest of accused on interim release - When arrest warrant granted - See paragraphs 1 to 30.

Counsel:

J.M. Peters, for the appellant;

R.D. Leong, for the respondent.

This application was heard and decided at Vancouver, British Columbia, on February 19, 2016, by Donald, J.A., in Chambers, of the British Columbia Court of Appeal. The following reasons for judgment were delivered on March 21, 2016.