The applicant, who had been in custody for eight months on various assault charges, applied for a bail review under s. 525 of the Criminal Code.
The Crown opposed release on the secondary ground due to the applicant's lengthy criminal record and history of breaching court orders.
The court found that while there were secondary ground concerns, the applicant had already served the equivalent of 12 months, which approached the likely sentence of 12 to 15 months if convicted.
Applying the principle of proportionality, the court held that the risk of the applicant serving a disproportionate sentence outweighed the secondary ground concerns, and ordered his release on a recognizance with his mother as a surety.
