The accused, David Gaudet, sought a detention review under section 525 of the Criminal Code after being detained on the secondary ground for five months.
The court considered the impact of the pandemic, the accused's Indigenous identity and Gladue principles, the strength of the Crown's case, and new information regarding the accused's stability and medical condition (asthma).
Despite the original detention being justified, the court found continued detention disproportionate given the indeterminate trial delay, suspension of Indigenous support services, and the accused's demonstrated ability to comply with strict conditions.
The accused was released into house confinement with a surety.
