Criminal Law: Robbery Defence (OCJ Judge Alone)

When does a reverse onus apply for bail in a robbery case?: A reverse onus under section 515(6) of the Criminal Code applies if the robbery is alleged to have been committed with any firearm, or if violence is alleged to have been used, threatened or attempted with another weapon and the accused was convicted within the previous 10 years of another such offence involving a weapon, where each offence carries a maximum of 10 years or more. It also applies under s. 515(6)(b.1) where violence against an intimate partner is alleged and the accused has a previous conviction or discharge for such an offence or was subject to a peace bond laid on behalf of an intimate partner, and under s. 515(6)(a)(xii.1) where the charge would be the accused's third or subsequent indictable offence involving violence.

Jurisdiction: Ontario Court of Justice.

The Process at a Glance: The matter begins with client intake and conflict checking. If the client is in custody, a release plan must be structured for a bail hearing, often contending with a reverse onus. Counsel executes Form CAO-650.01 to appear on routine dates. Defence counsel must audit initial disclosure and demand missing evidence under Stinchcombe. A mandatory Crown Pre-Trial (CPT) and Judicial Pre-Trial (JPT) must be held to discuss resolution or set trial estimates. The client elects their mode of trial. In this OCJ pathway, the matter proceeds directly to trial without a preliminary inquiry. Post-trial, if convicted, counsel mitigates sentencing regarding weapons prohibitions and DNA orders.

Key Legislation and Case Law: The offence is defined in the Criminal Code, RSC 1985, c C-46, s 343, with punishments in s 344. Key constitutional delay limits are established by R. v. Jordan, 2016 SCC 27. The Crown's disclosure obligations are governed by R. v. Stinchcombe, [1991] 3 SCR 326. Mandatory weapons prohibitions fall under s 109, and DNA orders under s 487.051.

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