J. DeVuono

The applicant sought a review of a detention order under s. 520(1) of the Criminal Code, citing two material changes in circumstances: a more stringent release plan including GPS monitoring and a higher surety pledge, and the ongoing COVID-19 pandemic.

The Crown conceded the pandemic constituted a material change.

The court found that the applicant's detention was not necessary on either the secondary or tertiary grounds, considering the lack of a criminal record, the enhanced bail plan, and the risks posed by the pandemic in a detention centre.

The court ordered the applicant's release on a $50,000 recognizance with three sureties and strict conditions, including GPS ankle monitoring and a residence requirement.

The accused, charged with attempted murder following a shooting, brought a pre-trial motion to adduce alternate suspect evidence after the alleged weapon was found in the possession of a third party 11 months later.

The Crown brought motions to admit lay opinion evidence from a car salesman to identify a vehicle in surveillance footage, and to allow the victim to testify via closed-circuit television due to safety fears.

The court granted all three motions, finding an air of reality to the alternate suspect defence, that the car salesman was in a better position than the trier of fact to identify the vehicle, and that CCTV testimony was necessary to obtain a full and candid account from the fearful victim.