Mar 23, 2021

Summary of R v Bear-Maguire

R v Bear-Maguire, 2021 SKPC 9 (CanLII)
Statutes - Interpretation - Criminal Code, Section 810.2
A constable delivered a package to the court requesting an information be sworn under s. 810.2 of the Criminal Code and a warrant issue for the defendant’s arrest. The material indicated that the defendant would be released on bail pending the s. 810.2 hearing subject to 17 conditions. The court requested a hearing and that Crown counsel submit further information. When the hearing resumed, counsel did not file any further material, but made submissions that conceded that the Crown was not relying on an allegation that the defendant would fail to attend court – the primary ground – as justification for the issuance of a warrant. The Crown declined to amplify the material provided by the constable. It did not include specific reference to an identifiable person or group to whom there was an imminent risk of serious personal injury, and counsel indicated that the concern was with the community of Sandy Lake at large where the defendant intended to live with his mother.
HELD: The court found that the material only indicated a generalized risk and the Crown had failed to satisfy it of an imminent risk posed by the defendant’s release as required by R v Penunsi (2019 SCC 39). It stated that it would administer the oath with the constable swearing the information and direct that a summons issue, returnable in six weeks. The court observed that Penunsi allows for an application for an arrest warrant after a summons issues if information comes to light that the defendant poses a risk to the public.