Is section 24(1) of the Criminal Code of Canada a discretionary order?
British Columbia, Canada
The following excerpt is from Roberge v. Huberman, 2000 BCCA 457 (CanLII):
In Milina v. Bartsch (1985) 5 C.P.C. (2d) 124 (B.C.C.A.) Seaton J.A. stated that s. 24(1) is a discretionary order which will rest upon a number of factors. In that case the issue for consideration was upon whom the onus lies, i.e., is security only ordered where it is shown that security should be ordered, or is security ordered unless it is shown that security should not be ordered? Seaton J.A. concluded that “in the absence of any material” security should be ordered. By this I understand him to mean that security should be ordered unless reason is shown that it should not be.
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