A. Gilmer

The applicant, charged with second degree murder following a home-invasion robbery, applied for bail under s. 522 of the Criminal Code based on a material change in circumstances since her initial detention order.

The court found that the COVID-19 pandemic and the availability of a new, highly reliable surety constituted material changes.

The court concluded that the applicant met her onus on the secondary and tertiary grounds, noting the stringent release plan involving house arrest, electronic monitoring, and substantial sureties.

The applicant was granted judicial interim release.

The accused was charged with dangerous operation of a motor vehicle, escape from lawful custody, assault of a peace officer, and Highway Traffic Act violations.

The Crown alleged the defendant drove his motorcycle towards a police cruiser at high speed before veering off, then assaulted an officer and attempted to escape.

The court found that the defendant's u-turn to avoid construction was reasonable, his speed was minimally above the limit for only three seconds, and the officer lacked reasonable and probable grounds for arrest.

All charges were dismissed.

A youth was charged with sexual assault following an alleged incident in a park.

The complainant testified that the accused sexually assaulted her against her will.

The accused testified that he and the complainant briefly conversed at the park entrance and then he left alone.

The court found significant inconsistencies in the complainant's testimony regarding details of the alleged assault and her post-incident disclosures to police.

The accused's testimony contained one significant credibility issue regarding his stated intentions upon leaving the bus stop.

After weighing the evidence, the court determined it was left with a reasonable doubt as to whether the accused committed the alleged sexual assault and acquitted the accused.