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Bail review granted and release ordered due to errors in law including failure to consider s. 493.2.
The applicant, a 19-year-old Black man, sought a bail review after being detained on firearms and drug charges arising from a traffic stop.
The reviewing judge found the justice of the peace erred in law by failing to consider s. 493.2 of the Criminal Code regarding vulnerable populations when assessing the applicant's initial provision of a false name, and by relying on inappropriate racial stereotypes.
The judge also found the justice of the peace made unsupported inferences about the applicant's involvement in a criminal enterprise.
Finding a material change in circumstances due to a new surety plan and the death of the applicant's grandmother from COVID-19, the judge conducted an independent review and granted release on strict house arrest conditions.
Summary conviction appeal dismissed; no W.(D.) error or unreasonable verdict.
The appellant appealed summary conviction findings for criminal harassment, uttering threats, and breach of probation arising from threatening text messages sent to his estranged spouse while subject to a no-contact probation condition.
The appellant argued the trial judge failed to properly apply the principles from R. v. W.(D.), applied unequal scrutiny to defence evidence, and rendered an unreasonable verdict.
The Superior Court held that the trial judge correctly applied the burden of proof, did not apply differential scrutiny to the defence evidence, and reasonably rejected the purported alibi evidence.
The court concluded the verdicts were reasonably supported by the evidence and that the appellant failed to establish reversible error.
