Is it legal in Ontario to get gated...Meaning is it legal to be released from jail and then re arrested?
Asked 4 months ago in Ottawa, Ontario
Categories:
Criminal Law
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 British Columbia lawyer
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The short answer is yes it is legal for the police to do this in Ontario or anywhere else in Canada.
That said there is a little more to it than that. For the benefit of anyone else reading this answer, "gating" is the practice of arresting a person on an outstanding warrant just before or at the end of a jail sentence.
Sometimes this happens because an old warrant was left outstanding at it was simply detected as the system was checked in preparation for the individual's release. Sometimes ongoing investigations are nearing their conclusions and are "sped up" to finish before a person is released.
The problem comes when the "gating" seems (or actually is) deliberate. I have certainly encountered cases where I suspect (just suspect) that an investigation was deliberately stalled to time the issuing of an arrest warrant with the end of a sentence. This is difficult to prove, but I believe that there may be a basis for a remedy under the Charter of Rights available in the right situation.
If it could be proven that the police deliberately did something like this to rob a person of the opportunity for a global disposition (dealing with several charges together for a lower overall sentence) or to keep a person in custody or under state control for longer, a court may find a breach of Charter rights. This would be difficult to prove, but that does not mean it is imporssible. If you think that you may be in such a situation talk to a lawyer with criminal law experience and ask about this possibility.
Posted 4 months ago
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