The applicant, charged with kidnapping, robbery, and firearms offences, underwent an automatic 90-day detention review under s. 525 of the Criminal Code.
The court resolved conflicting caselaw to hold that neither party bears an onus on a s. 525 review, as it is an independent judicial safeguard.
However, conducting an independent review, the court found the applicant's continued detention was necessary on the secondary ground due to a substantial likelihood of reoffending, noting he allegedly committed the current offences while on a recognizance with a curfew.
The court also held that the risks of COVID-19 in custody did not outweigh the risk to public safety.
