The accused brought an application for a bail review under s. 520(1) of the Criminal Code, seeking to vacate a detention order and be released on strict conditions, including house arrest with a surety and electronic monitoring.
The court found that the threshold for a de novo review was met due to errors by the Justice of the Peace and material changes in circumstances, specifically the COVID-19 pandemic and the availability of free electronic monitoring.
However, the court ultimately dismissed the application, finding that the accused failed to satisfy the reverse onus under s. 524.
The court held that the proposed release plan was insufficient to mitigate the significant primary and secondary ground concerns, given the accused's extensive criminal record, history of fleeing police, and untreated substance abuse issues.
