Criminal Code (Canada): Analyzing Conditions for Bail Hearing Process

This assignment provides a legal analysis of bail hearing conditions in Canada, specifically addressing a hypothetical case of an individual, Ariana Venti, arrested for multiple counts of fraud. It examines relevant sections of the Criminal Code (Canada) pertaining to judicial interim release (bail hearings). The analysis covers potential conditions a Justice of the Peace can impose if Ariana is released, the necessity of a surety for her release, whether a no weapons prohibition is required, and the circumstances under which her detention would be justified. The assignment references specific statutory provisions, summarizing and discussing their application to Ariana's case, and includes a bibliography of cited acts and websites, offering a comprehensive overview of the legal considerations in bail hearings related to fraud charges.

Running head: LEGAL RESEARCH
Legal Research
Name of the Student
Name of the University
Author Note

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

2LEGAL RESEARCH
Answer to Question No 3
Section 515(4.1) of the Criminal Code of Canada enables a Court to order a no
weapons prohibition on person being released on bail2. The firearm prohibition is imposed
when there was violence, criminal harassment or firearms offences.
The offence that Ariana had committed was not in relation with violence or firearms
offence, rather it was an offence related to fraudulent transactions. The no weapons
prohibition is not required to be imposed. Justice of Peace is not required to impose no
weapons prohibition on Ariana.
Answer to Question No 4
Section 515(10) of the Criminal Code provides that a bail may be denied if the
detention is required to ensure the attendance of the accused in the court3. If the detention is
necessary for the safety of public or to maintain faith in the justice, the bail of an accused can
be denied.
If the Court is satisfied that the granting of bail would be against the confidence in
justice or any other grounds of Section 515(10), the custody of Ariana would be justified. The
detention of Ariana would be justified if the Court is satisfied of the above mentioned
grounds to not to release an accused on bail.
2 Canlii.org (2018) Canlii.org <https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-
46.html>
3 (2018) Criminal-code.ca <http://www.criminal-code.ca/criminal-code-of-canada-section-515-10-justification-
for-detention-in-custody/index.html>

3LEGAL RESEARCH
Bibliography
Acts
Criminal Code R.S.C., 1985, c. C-46
Websites
(2018) Criminal-code.ca http://www.criminal-code.ca/criminal-code-of-canada-section-515-
10-justification-for-detention-in-custody/index.html
Canlii.org (2018) Canlii.org
<https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html>