What is the standard of review for a bail review?

Ontario, Canada


The following excerpt is from R. v. Hill, 2012 ONSC 1029 (CanLII):

In order for the standard of review to be as broad as suggested by the counsel for the defence, I believe that specific statutory language would be required in the provisions of s. 520 or s. 521 which govern this proceeding. In my view, such language would clearly specify that the matter is to be dealt with by way of a hearing de novo. Such language is not present in those sections. I believe deference should be given to the Justice of Peace on a bail review consistent with the line of cases following R v. Reid. Consequently in this matter, it is my view that counsel for the defence has to demonstrate that the Justice of the Peace erred in principle.

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