J. Battersby

The applicant, charged with second degree murder following a home-invasion robbery, applied for bail under s. 522 of the Criminal Code based on a material change in circumstances since her initial detention order.

The court found that the COVID-19 pandemic and the availability of a new, highly reliable surety constituted material changes.

The court concluded that the applicant met her onus on the secondary and tertiary grounds, noting the stringent release plan involving house arrest, electronic monitoring, and substantial sureties.

The applicant was granted judicial interim release.

The accused was found guilty by a jury of second degree murder of his six-year-old daughter and attempted murder of his seven-year-old son.

The offences occurred when the accused, motivated by a desire to spite his estranged wife, administered sleep medication to the children in a hotel room.

The court considered the egregious breach of parental trust, the vulnerability of the victims, and the need for denunciation and general deterrence.

The accused was sentenced to life imprisonment with parole eligibility set at 18 years for the murder, and a concurrent 10-year sentence for the attempted murder.

The accused was tried for the first-degree murder of his daughter and the attempted murder of his son after giving them sleep medication and alcohol during a suicide attempt.

During the pre-charge conference, defence counsel requested that criminal negligence causing death be left with the jury as a discrete included offence to first-degree murder.

The trial judge declined the request, ruling that in the circumstances of the case, criminal negligence causing death is manslaughter by another name and leaving both would unnecessarily complicate jury deliberations.