Legal Research on Bail Conditions and Prohibitions in Canada

Running head: LEGAL RESEARCH
Legal Research
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1LEGAL RESEARCH
Answer to Question No 1
Section 380(1) of the Criminal Code considers fraudulent transactions to be an
offence in Canada. Section 515(1) of the Criminal Code empowers the justice to release an
accused on bail who has been convicted for an offence other than the one listed in the Section
4691. Section 515(4) provides some conditions which the justice may direct the accused to
follow. The accused should report from time to time to a peace officer or any other authorised
person. The Justice may require the person to remain within a specific territorial jurisdiction
that has been mentioned in the order of bail and deposit his passport. If there is any change in
the occupation or address of the accused, he should notify it to the peace officer or any other
designated person.
Justice of Peace can require Ariana to report at times to a peace officer or a designated
authority after she is released on bail. A condition requiring Ariana to remain in the specified
territorial jurisdiction can also be imposed on Ariana. Her passport can be made subject to
deposition and the justice can impose any other conditions that it thinks fit.
Answer to question No 2
A bail may be granted on surety recognizance, where the person should assure the
Court to supervise the accused after being released on bail under Section 515(2)(c). Section
515(2)(d) of the code permits an accused to gain their release with certain personal resources.
The Court may require a surety to release Ariana on bail. It is under the discretion of
the court and not mandatory for Ariana to present a surety. As Ariana was arrested for nine
counts of fraud, Ariana should have a surety to be released on bail. The surety may be a
person to ensure his compliance with the conditions of bail or an amount of money from
Ariana to secure her bail. Therefore, Ariana should have a surety but not mandatorily.
1 Criminal Code R.S.C., 1985, c. C-46