Gladue factors to be considered at bail hearing

R. v. Hope | 2016 ONCA 648 | Ontario Court of Appeal

Criminal law --- Post-trial procedure — Appeal from conviction or acquittal — Release pending new trial

Accused aboriginal offender was convicted of second degree murder but new trial was ordered on appeal — Accused applied for release pending new trial — Crown opposed release on grounds that as aboriginal accused could travel to United States without passport — Accused released — Gladue factors to be considered on release pending new trial — Accused had returned to Canada from United States to face trial — Accused had already served seven years of sentence and retrial not scheduled for another two years — Although sureties' houses were on reserve and therefore not subject to attachment by Crown, offers were indication of support for accused.