The applicant brought a second original application for bail pending appeal from a second degree murder conviction after an earlier bail application and review had been dismissed.
The court held that a fresh application may proceed only where there has been a material change in circumstances affecting one or more of the statutory factors in s. 679(3) of the Criminal Code.
The court found such a change based on significantly stronger grounds of appeal, improved evidence that the applicant would surrender, and extraordinary delay caused by the pursuit of fresh evidence.
Balancing enforceability against reviewability under the public interest branch, the court concluded that further detention was not necessary and granted release pending appeal.
