''R v Hall'',

002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a ''Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...

3 S.C.R. 309, 2002 SCC 64 is a

leading case Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly ...

decided by the

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

on the right not to be denied

bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...

without just cause under section 11(e) of the ''

Charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the rec ...

''.

Background

David Scott Hall was charged with the murder of a woman in a high-profile case. He applied for bail pending trial. The judge denied the application—not for reasons of ensuring appearance in court or protecting the public—but in order "to maintain confidence in the administration of justice". Paragrap
515(10)(c)
of the Criminal Code allows the denial of bail for this reason. Hall

appealed In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

the decision on the basis that section 515(10)(c) violated the right "not to be denied reasonable bail without just cause" under section 11(e) of the ''

''.

Opinion of the Court

The Court held that the portion of section 515(10)(c) permitting detention "on any other just cause being shown”" was unconstitutional as it gave too much discretion to the judge to deny bail without just cause. The violation could not be upheld under section 1 due to proportionality. The Court however upheld the portion of section 515(10)(c), which allows the denial of bail "to maintain confidence in the administration of justice" as it was a valid and just reason to deny bail. The standard is based on the view that the reasonable member of the community would be satisfied that the denial of bail would be necessary to maintain confidence in the system.

External links

* Supreme Court of Canada cases 2002 in Canadian case law Canadian criminal procedure case law {{canada-law-stub