Jordyn Cowley

The applicant, awaiting trial for first-degree murder and firearms offences, sought bail based on changed circumstances since his initial detention order.

The court found that trial delays due to the Covid-19 pandemic, a recent outbreak at the detention centre, a strengthened release plan, and a pre-trial ruling strengthening the Crown's case constituted material changes warranting a fresh analysis.

However, after weighing the secondary and tertiary grounds under s. 515(10) of the Criminal Code, including the applicant's repeated possession of loaded handguns and the strength of the Crown's case, the court concluded that detention remained necessary and dismissed the application.

The accused, awaiting trial for first degree murder, brought a pre-trial motion to challenge prospective jurors for cause based on pre-trial publicity and racial bias.

The Crown consented to the challenge but disputed the form of the questions regarding race.

The accused called expert evidence to propose new, multi-part questions to uncover racial bias.

The court rejected three purely attitudinal questions but permitted a modified version of the fourth question that incorporated the behavioural component of partiality required by law.

The Crown brought a pre-trial motion to admit two bodies of evidence in a first-degree murder trial.

The evidence related to the accused's alleged prior possession of two handguns used in the homicide.

The first body of evidence consisted of cell phone photographs showing the accused with a revolver similar to one of the murder weapons.

The second body of evidence involved the accused's presence at a prior shooting where the second murder weapon was discharged.

The court ruled both bodies of evidence admissible, finding that their probative value in establishing the accused's identity and access to the murder weapons outweighed their prejudicial effect as prior discreditable conduct, subject to potential editing and admissions to limit prejudice.