R. v. O., 2006 – Bail Review for Possession of loaded handgun

Release by justice of peace — Show cause hearing — weapon offences — Justice of peace detained accused on grounds of public safety under s. 515(10)(b) of Criminal Code — new proposed plan of supervision deposit, along with sureties, $50,000 cash bail — Mere fact of possession of weapons did not constitute sufficient grounds to detain accused for public safety reasons

Extraordinary Remedy – Certiorari – Paralegal barred indefinitely from appearing – justice of the peace exceeded her jurisdiction – justice’s order set aside.

  Case Name: M. v. Ontario Between V. M., applicant, and Her Majesty the Queen, respondent, and Justice of the Peace McAleer, respondent [2005] O.J. No. 1414;  2005 CarswellOnt 4359 Court File No. M91/04  Ontario Superior Court of Justice J.D. McCombs J. Heard: January 21, 2005.  Judgment: January 21, 2005. (6 paras.)   Legal profession … Continue Reading →