REVERSE ONUS IN FIREARMS RELATED BAIL HEARINGS

As a criminal defence lawyer in Ottawa, I have noticed a drastic increase in crimes involving firearms within the last year. Many crimes involving firearms carry mandatory minimum sentences. For example, possessing a loaded restricted firearm carries a three year minimum, purusant to section 95(2) of the Criminal Code of Canada, and discharging a firearm and endangering the public carries a five year minimum pursuant to section 244.2. In addition to these penalties, the Criminal Code puts any accused charged with these firearms offences in a reverse onus situation concerning their bail. That is, all things being equal, for any other crime, the burden would be on the Crown to demonstrate why the accused should be detained in custody pending his trial. However, for many firearms offences, it is up to the accused to demonstrate why they should be released. This is true even if the accused is a first time offender, has no record and is of good character. Despite the reverse onus provisions, it is possible to obtain bail even for serious crimes such as those involving firearms. Although the Ontario, and certainly the Ottawa criminal defence climate is palpably anti-crime oriented, all hope is not lost. If you or a family member is facing firearms or other serious charges, contact us for a free consultation.

MODIFICATIONS

There are other sections of the Criminal Code that modify the common law and statutorily codified definition of consent. They are beyond the scope of this article. Further reading can be found at section 153.1(2) of the Criminal Code of Canada.

MODIFICATIONS

There are other sections of the Criminal Code that modify the common law and statutorily codified definition of consent. They are beyond the scope of this article. Further reading can be found at section 153.1(2) of the Criminal Code of Canada.