H. Shouldice

The accused applied for a bail review under s. 520 of the Criminal Code following a prior detention order based on secondary grounds.

The application relied on new evidence that a responsible adult relative was prepared to act as surety, post a bond, and supervise the accused in another province.

The court considered the criteria for admitting new evidence on review and determined that the proposed supervision plan constituted a material change in circumstances.

Given the credible surety and relocation away from complainants, the court found the risk to public safety could be adequately addressed by release conditions.

The accused sought a bail review under s. 520 of the Criminal Code following a detention order on secondary and tertiary grounds.

The accused argued that disclosure constituted a material change in circumstances because witness statements no longer clearly placed a firearm in his possession during the incident.

The court applied the criteria for bail review and new evidence articulated in St. Cloud and Palmer.

The court held that even without firearm evidence, the seriousness of the assault allegations, the accused’s lengthy criminal record, repeated breaches of court orders, and weak bail plan meant detention remained justified on the secondary ground.

The alleged change in the Crown’s evidence was therefore not material to the detention decision.