The applicant, an Indigenous man charged with serious firearms and drug trafficking offences, sought a bail review on the sole ground that the Justice of the Peace failed to give due weight to Gladue considerations under s. 493.2 of the Criminal Code.
The Superior Court of Justice reviewed the application of Gladue principles at the bail stage, noting that while judicial notice must be taken of systemic factors, the accused should provide case-specific information bearing on release.
The court found the Justice of the Peace had properly considered the applicant's unique circumstances and dismissed the application for lack of jurisdiction to review.
