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Friends house got raided and they didn't find much but the little bit they did find they charged 2 people for it and only one got a bond why?

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  • different people are treated differently by the courts
    – Tiger Guy
    Commented Nov 7, 2023 at 16:41

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The "gravity of the offence" is just one of many factors in the assessment of whether pre-trial detention is justified. If only one of the two charged requires detention in order to ensure his or her attendance in court, then only one of the two will be detained.

See Criminal Code, s. 515(10):

the detention of an accused in custody is justified only on one or more of the following grounds:

(a) where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;

(b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and

(c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including

  • (i) the apparent strength of the prosecution’s case,

  • (ii) the gravity of the offence,

  • (iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

  • (iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.

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