The defendant applied for a bail review under s. 520 of the Criminal Code after being denied bail on the tertiary ground for charges related to an armed home invasion.
The reviewing judge found that new evidence, including an enhanced bail plan and the arrest of another suspect, met the Palmer criteria for admission.
The judge also found that the original bail judge erred by failing to consider the defendant's Charter right to reasonable bail and by overstating the gravity of the offence and the strength of the Crown's case.
Concluding that detention was not necessary to maintain public confidence in the administration of justice, the court granted the bail review and ordered the defendant's release on strict conditions.