The applicant sought a bail review under s. 520 of the Criminal Code following continued detention after his sureties withdrew.
The court determined that the earlier release order remained valid and that procedural irregularities in the surety-rendering process under s. 766 resulted in unlawful detention.
The justice of the peace had no jurisdiction to impose a new detention order under s. 515(6) while a prior release order remained in effect.
Although the bail review itself was dismissed, the court granted habeas corpus with certiorari in aid to remedy the unlawful detention and restore the applicant’s ability to secure release under the original release order.
