The accused applied under the Criminal Code for a review of bail conditions imposed after being charged with perjury arising from testimony given as a Crown witness in another criminal trial.
The impugned terms prohibited communication with motorcycle outlaw members and attendance at a specified address used as a motorcycle club clubhouse.
Applying a functional approach to bail review, the court held that the accused’s right to reasonable bail continues and the correctness standard permits reconsideration even absent changed circumstances.
The court found the impugned conditions overly broad and unsupported by evidence linking them to the integrity of the accused’s trial.
The conditions were therefore removed as inconsistent with the accused’s constitutional right to reasonable bail.
