Andrew Lawrence Edgar

The accused was charged with possession of crack cocaine for the purpose of trafficking and obstructing police after officers observed what they believed to be a hand-to-hand drug transaction from her vehicle.

The accused testified she was retrieving a lost cell phone, and her boyfriend testified he had hidden the drugs in her car without her knowledge.

The court found the defence evidence raised a reasonable doubt regarding her knowledge of the drugs, resulting in acquittals on the drug charges.

However, the accused was convicted of obstructing police for actively resisting her arrest.

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.