Alan B. Richter

The appellant, convicted of sexual interference and invitation to sexual touching involving a 14-year-old complainant, applied for bail pending his summary conviction appeal.

The court applied the criteria for bail pending appeal, finding that while the appeal grounds were weak, they were not frivolous.

The court further held that the appellant's detention was not necessary in the public interest, noting his low-moderate risk of re-offence and his compliance with previous release conditions.

Bail pending appeal was granted on strict terms, including a surety.

The applicant, charged with sexual assault and related offences, applied for certiorari to quash a DNA warrant issued under s. 487.05 of the Criminal Code.

The applicant argued that the affiant's evidence regarding the complainant's identification of him from wedding photographs and social media was speculative and tainted.

The court dismissed the application, finding that the issuing justice had sufficient credible evidence, including the complainant's identification and the presence of male DNA on her underwear, to form reasonable grounds to believe the applicant committed the offences and that his DNA would provide evidence.