B. Gluckman

The applicant, charged with conspiracy to commit murder, drug trafficking, and firearm possession, applied for judicial interim release.

The Crown opposed release on the secondary and tertiary grounds.

The court found that the strict release plan, which included house arrest, electronic monitoring, and supervision by the applicant's parents, adequately addressed the secondary ground concerns.

On the tertiary ground, although the charges were extremely serious and the Crown's case appeared strong, the court held that the applicant's Type 1 diabetes placed him at higher risk of severe complications from COVID-19 in a congregate setting.

Balancing the strict release plan, the health risks, and the need to flatten the curve, the court granted the application for release.

The appellant, a former Member of Parliament, appealed his convictions and sentence for exceeding election expense limits, exceeding personal contribution limits, and filing a false electoral campaign return under the Canada Elections Act.

The Crown cross-appealed the sentence, seeking a longer term of imprisonment.

The appeal court dismissed the conviction appeal, finding the trial judge correctly interpreted the definition of election expenses, properly assessed credibility, and correctly applied party liability provisions.

The court also dismissed both sentence appeals, upholding the global sentence of one month in jail, a four-month conditional sentence, and 18 months' probation as proportionate and fit, though it set aside a $10,000 restitution order on consent.