Alain Leclerc

The accused applied for judicial interim release under the Extradition Act pending an extradition hearing arising from United States allegations that he was a principal supplier of oxycodone and other narcotics on the Akwesasne reserve.

Applying the reverse onus framework and the detention grounds incorporated from the Criminal Code, the court held that extradition bail requires especially cautious assessment of non-appearance in light of Canada's international obligations and the lengthy potential U.S. sentence.

The court found the proposed release plan inadequate because the principal surety could not effectively supervise the accused, another proposed surety was unsuitable, and the proposed residence involved ongoing association with a person allegedly involved in the trafficking operation.

Detention was found justified on the primary and secondary grounds, making it unnecessary to consider the tertiary ground.

The accused applied for judicial interim release pending an extradition hearing to the United States on charges of conspiracy to traffic marijuana.

The Crown opposed release, citing the reverse onus under section 515(6)(d) of the Criminal Code and the accused's history of failing to comply with court orders.

The court found that the accused's proposed release plan, which relied heavily on electronic monitoring, was insufficient to mitigate the significant flight risk and the risk of continuing criminal activity.

The application for judicial interim release was dismissed and the accused was ordered detained.

The appellant appealed his convictions for sexual assault with a weapon, procuring, and theft.

The Supreme Court of Canada dismissed the appeal substantially for the reasons of the majority in the Quebec Court of Appeal, with LeBel J. dissenting.