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Accused awaiting sentencing for sexual offences detained on tertiary ground for breaching no-contact condition.
The accused, awaiting sentencing for sexual offences against a minor, was charged with breaching his release conditions by being in the company of children under 16.
The Crown sought his detention on all three grounds.
The court found detention was not necessary on the primary or secondary grounds, as the proposed surety plan adequately attenuated the risk.
However, the court ordered detention on the tertiary ground, finding that a reasonable member of the public would lose confidence in the administration of justice if the accused were released, given the seriousness of the underlying convictions, the proximity of his sentencing, and the direct connection between the alleged breach and the original offences.
Provincial Court has implied jurisdiction to appoint state-funded counsel for complainants in s. 276 applications.
The Crown applied for an order appointing state-funded counsel for the complainant in the context of an application under s. 276(2) of the Criminal Code.
The accused did not oppose the application.
The court held that it has jurisdiction by necessary implication to appoint counsel for the complainant and direct the Ministry of the Attorney General to provide funding.
The court found it was bound by a prior decision of a coordinate court recognizing this jurisdiction, and declined to follow a conflicting decision that was reached per incuriam.
The application was granted.
