Following the offender's convictions for importing and possessing large quantities of cocaine and heroin for the purpose of trafficking, the Crown applied to revoke his bail pending sentencing under s. 532(2) of the Criminal Code.
The Crown argued detention was necessary to maintain confidence in the administration of justice given the certainty of guilt and the likelihood of a lengthy sentence.
The Superior Court of Justice dismissed the application, finding that the presumption of bail continues post-conviction and the Crown failed to establish new facts or exceptional circumstances justifying revocation.
The court noted the offender's strict compliance with his release conditions and lack of flight risk, though it varied the conditions to remove a provision allowing him to leave his residence with his surety's written approval.
