The Crown brought an application to revoke bail pending appeal and obtain a warrant for arrest after the accused committed further offences while on release, including indictable offences.
The respondent argued that the court lacked jurisdiction because the recognizance in force at the time of the alleged breaches had been superseded by a later release order.
The court rejected that interpretation of s. 525(5) of the Criminal Code and held that a superseded recognizance does not deprive the court of jurisdiction where the appeal remains pending and the release continues to be governed by court order.
The court found the statutory criteria met and revoked bail without prejudice to a fresh release application based on new evidence.
