Frank Horn

The applicant, an American citizen facing charges of sexual assault of a minor in Wisconsin, sought judicial interim release pending extradition proceedings.

The court found that the reverse onus applied as the applicant was not ordinarily resident in Canada.

The proposed surety was deemed inadequate due to a lack of understanding of the charges, an unrealistic supervision plan, and an inability to post a sufficient bond.

Given the applicant's history of fleeing jurisdiction and the serious nature of the charges, the court concluded that detention was necessary on the primary grounds to ensure his attendance in court.

Bail was denied.

Jason Poirier applied to quash a search warrant, arguing that an unrecorded conversation between the Justice of the Peace and the detective prior to the warrant's re-submission compromised the judicial process.

The court found that the absence of a record of this interaction, coupled with inconsistencies between the detective's recollection and the warrant amendments, prevented a reliable review of the Justice of the Peace's fairness and impartiality.

Consequently, the Crown failed to meet its burden of establishing the warrant's validity, and the search warrant was quashed.