Section 380(1) of the Criminal Code considers fraudulent transactions to be an offence in Canada. Section 515(1) of the Criminal Code empowers the justice to release an accused on bail who has been convicted for an offence other than the one listed in the Section 469[1]. Section 515(4) provides some conditions which the justice may direct the accused to follow. The accused should report from time to time to a peace officer or any other authorised person.  The Justice may require the person to remain within a specific territorial jurisdiction that has been mentioned in the order of bail and deposit his passport. If there is any change in the occupation or address of the accused, he should notify it to the peace officer or any other designated person.

Justice of Peace can require Ariana to report at times to a peace officer or a designated authority after she is released on bail. A condition requiring Ariana to remain in the specified territorial jurisdiction can also be imposed on Ariana. Her passport can be made subject to deposition and the justice can impose any other conditions that it thinks fit.

Answer to question No 2

A bail may be granted on surety recognizance, where the person should assure the Court to supervise the accused after being released on bail under Section 515(2)(c). Section 515(2)(d) of the code permits an accused to gain their release with certain personal resources.

            The Court may require a surety to release Ariana on bail. It is under the discretion of the court and not mandatory for Ariana to present a surety. As Ariana was arrested for nine counts of fraud, Ariana should have a surety to be released on bail. The surety may be a person to ensure his compliance with the conditions of bail or an amount of money from Ariana to secure her bail. Therefore, Ariana should have a surety but not mandatorily.

Answer to Question No 3

Section 515(4.1) of the Criminal Code of Canada enables a Court to order a no weapons prohibition on person being released on bail[2]. The firearm prohibition is imposed when there was violence, criminal harassment or firearms offences.

The offence that Ariana had committed was not in relation with violence or firearms offence, rather it was an offence related to fraudulent transactions. The no weapons prohibition is not required to be imposed. Justice of Peace is not required to impose no weapons prohibition on Ariana.

Answer to Question No 4

Section 515(10) of the Criminal Code provides that a bail may be denied if the detention is required to ensure the attendance of the accused in the court[3]. If the detention is necessary for the safety of public or to maintain faith in the justice, the bail of an accused can be denied.

If the Court is satisfied that the granting of bail would be against the confidence in justice or any other grounds of Section 515(10), the custody of Ariana would be justified. The detention of Ariana would be justified if the Court is satisfied of the above mentioned grounds to not to release an accused on bail.

Bibliography

Acts

Criminal Code R.S.C., 1985, c. C-46

Websites

(2018) Criminal-code.ca http://www.criminal-code.ca/criminal-code-of-canada-section-515-10-justification-for-detention-in-custody/index.html

Canlii.org (2018) Canlii.org <https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html>

[1] Criminal Code R.S.C., 1985, c. C-46

[2] Canlii.org (2018) Canlii.org <https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html>

[3] (2018) Criminal-code.ca <http://www.criminal-code.ca/criminal-code-of-canada-section-515-10-justification-for-detention-in-custody/index.html>