Enje Ekram Daniels

The accused, Scottie Ryerson, sought release on charges after being arrested for an alleged breach of a prior release order.

The Crown applied under s. 524 of the Criminal Code to vacate his earlier release.

The court considered Ryerson's lengthy criminal record, including multiple breach convictions, and the proposed surety, Mr. Phillips.

The court found that Mr. Phillips was not a suitable surety due to his lack of diligence and cooperation with police, and that Ryerson had not met his burden to demonstrate he could be released.

The court ordered Ryerson's detention on secondary grounds, concluding he was unwilling or unable to abide by bail conditions.

The appellant appealed three convictions for sexual assault with a weapon, alleging ineffective assistance of counsel.

The appeal focused on two grounds: counsel's alleged failure to inform him about available modes of trial (including the right to a preliminary inquiry) and failure to lead evidence of the complainant's potential motive to fabricate.

The Court of Appeal dismissed the appeal, finding the appellant's fresh evidence affidavit lacked credibility and that he failed to prove he was not informed about trial modes.

The court also found that the alleged motive to fabricate was irrelevant as the allegations predated the purported motive.