The applicant, an Indigenous man, sought a review of a detention order made by a Justice of the Peace following charges of possession of a weapon for a dangerous purpose and reckless discharge of a firearm.
The incident occurred during a mental health crisis while the applicant was severely intoxicated.
The Superior Court of Justice found that the Justice of the Peace erred in law by failing to consider Gladue factors and the applicant's personal circumstances when detaining him under the tertiary ground.
The court concluded that the proposed release plan, which included medical treatment and a surety, would not undermine public confidence in the administration of justice, and ordered the applicant's release.
