Nunavut judge’s denial of bail to repeat offender gives rare look into court proceedings

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A.I., an Inuk, is alleged to have confined, choked and punched his former intimate partner and thrown down and punched her female friend who came to her aid on one occasion

. In March, his former partner’s mother called police, alleging that A.I. had entered her home and punched her daughter in the face until she begged him to stop.

Chief Justice Sharkey’s ruling affirmed that under some circumstances, justices of the peace have the power to deny bail even when Crown and defence lawyers have agreed that an accused should be released. The right to reasonable bail is protected by the Charter of Rights and Freedoms. But the bail system has come under fire in the wake of high-profile crimes allegedly committed by repeat offenders who were free on bail. In May, Ottawa introduced proposals to toughen the bail law, partly by putting a “reverse onus” on some accused to show why they should be released.

The chief justice expressed concern that the Crown and defence lawyers expected their agreement to be “rubber-stamped.”

 

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