The accused applied for a bail review after a justice of the peace ordered detention on the primary, secondary, and tertiary grounds following charges including procuring a young person for prostitution, sexual assault, sexual interference, possession of child pornography, and breach of probation.
The Superior Court determined that a material change in circumstances existed because the accused proposed a significantly stricter bail plan including electronic monitoring and supervision by a surety.
Conducting a fresh hearing, the court concluded that detention was not necessary to ensure attendance in court or to protect the public under s. 515(10) of the Criminal Code.
Despite the seriousness of the allegations and the accused’s prior record for breaches and failures to attend court, the enhanced supervision and monitoring conditions sufficiently mitigated the risks.
The accused was released on a recognizance with a surety and numerous restrictive conditions including electronic monitoring.