The applicant, a key organizer of the Freedom Convoy, sought a bail review under s. 520 of the Criminal Code after a Justice of the Peace ordered her detention on secondary and tertiary grounds following an alleged breach of her release conditions.
The reviewing judge found that the Justice of the Peace erred in law by conflating the reverse onus at a bail hearing with the onus at trial, misinterpreting the release condition, and failing to consider material changes in circumstances.
Conducting a hearing de novo, the court concluded that the applicant did not pose a substantial risk to public safety and that her detention was not necessary to maintain confidence in the administration of justice.
The bail review application was granted and judicial interim release was ordered.
