The Crown brought a bail review under ss. 520–521 of the Criminal Code seeking to overturn a justice of the peace’s order releasing the accused on numerous fraud-related charges.
The reviewing judge found legal errors in the justice’s application of the tertiary ground under s. 515(10)(c), including reliance on a purported prohibition against pre-trial punishment and the imposition of a “maximum force” threshold not found in the legislation or jurisprudence.
Considering the seriousness and escalating nature of the alleged offences, including robbery and possession of a loaded restricted firearm after repeated breaches of release conditions, the court concluded the earlier decision was both legally erroneous and clearly inappropriate.
The release order was set aside and detention ordered to maintain confidence in the administration of justice.
