The Crown brought an application under section 680 of the Criminal Code seeking a review of an order granting judicial interim release to the respondent pending his retrial for murder.
The respondent had been in custody since 1990 and was granted bail on strict terms following a successful appeal that ordered a new trial.
The Chief Justice found that the Crown's motion had arguable merit given the unique combination of factors and directed that a panel of the Court of Appeal review the bail decision.