B.S., a 31-year-old inmate with chronic obstructive pulmonary disease (COPD), applied for a bail review under s. 520(1) of the Criminal Code.
He cited his medical condition and the COVID-19 pandemic as new evidence constituting a material change in circumstances since his initial detention order.
The Crown conceded jurisdiction but argued for continued detention on secondary grounds due to public safety risks, B.S.'s criminal record, and prior breaches of recognizance.
The court, acknowledging the reverse onus on B.S., found that while B.S. was not an ideal candidate for release, his proposed surety plan, combined with his motivation to avoid jail due to his vulnerability to COVID-19, sufficiently attenuated the risk of further offences or interference with the administration of justice.
The court emphasized that reducing prison populations where reasonable and safe is in the public health interest during the pandemic.
The detention order was set aside, and B.S. was released on a surety with house arrest conditions.