Procedures After Arrest After you are arrested, you are finger-printed and photographed if you have committed and indictable. These records stay in the system for 10 years. If need be, you are placed in a Line-up where witnesses will identify the perpetrator. You may choose to not participate in the line-up, but co-operating with the police may help your case. Line-up: A group of people shown to a victim or witness for the purpose to identify the perpetrator Those in a line up are usually the same gender with similar characteristics

Pre-Trial Release Promise to Appear: A signed agreement hat an accused person will appear in court at the time of the trial Recognizance: A guarantee that the accused will appear in court when required under a fine of $500 After you have been recorded and properly documented, you are eligible to be released if you are charged with a summary convictions offense, or a indictable offense with fines under $5000 You must sign a Promise to Appear agreement that states you must appear in court at time of trial In some cases, the accused may sign a recognizance which will fine the person if they do not appear at time of trial. A deposit isn’t required unless the accused lives in a different province or 200km away Surety: A person that agrees to make a payment if the accused does not appear at trial The police may also request a surety or a person that is willing to pay the fine if the accused does not appear at court

Bail Bail cannot be granted if: -Accused commits an indictable offense while he is already on bail -The accused is not a Canadian Resident -The charge involves failure to appear or breach of a bail condition -The accused is charged with importing, trafficking, or possession for the purpose of trafficking narcotics (or attempt//conspiracy) Habeas Corpus: A denied bail applicant may file a writ of habeas corpus to appeal to a higher-court -The crown has to prove again that the arrested person should be detailed until trial -Works as a court of appeal for bails If a person is accused with an indictable offense, the police may try to keep them in custody The accused may ask for bail within 24 hours of their arrest Section 11 of the Charter states no one can be denied bail with an unjust cause A show-cause hearing is held for the crown to prove the accused should be held by the police or the defence to justify their release The “cause” may be the accused fleeing or being a threat to public safety A reverse onus is proof that the accused should be granted bail Bail: The temporary release of an accused who posts money or another security Show-Cause Hearing: Judicial hearing in which the Crown or accused has to convince judge either to detain or release the accused before trial Reverse Onus: The burden of proof shifts to the defence

Case Study: R v. Morales Facts Issues Decision Significance Charged with Narcotics offense with conspiracy to import cocaine into Canada Denied bail as he was already awaiting trial Morales appealed to the Quebec court with writ of habeas corpus stating the reverse onus violated s.11 of the Charter under reasonable bail The Quebec court granted bail Stated the crown did not prove he could flee or be a threat to the public The Crown appealed to the Supreme Court who denied Morales’s bail Stated his rights had not be infringed Returned Case to Quebec Court Significance Showed it is more important for the Crown to prove that the accused may flee or be a threat to public safety than detaining