The appellant challenged the constitutionality of the tertiary bail ground in s. 515(10)(c) of the Criminal Code after being denied bail on the basis that detention was necessary to maintain confidence in the administration of justice.
The Court of Appeal held that s. 11(e) of the Charter does not freeze constitutionally valid bail grounds to attendance in court and public safety, and that Parliament may enact additional grounds if they satisfy the constitutional standard of just cause.
Applying the Pearson and Morales framework, the court concluded that the provision limits detention to a narrow set of circumstances and serves the proper functioning of the bail system.
The court further held that the phrase concerning confidence in the administration of justice, especially when read with the enumerated statutory factors, is neither vague nor overbroad.
The appeal was dismissed.
