The applicant, Samer Dagher, sought a bail review under s. 520 of the Criminal Code after being detained due to an inability to provide a surety following an assault charge.
The reviewing judge found a material change in circumstances, including the applicant's 22 days in custody (equivalent to a non-custodial sentence if convicted), new disclosure clarifying the domestic history and mental health claims, and the impact of the COVID-19 pandemic on trial timeliness.
The court determined that the original decision was inappropriate and erred in law by not considering the potential for pre-trial custody to exceed a likely sentence.
The applicant was released on his own recognizance with conditions, including supervision by the John Howard Society Bail Program, as the Crown failed to demonstrate a substantial likelihood of further offense or interference with justice on secondary grounds.
