Kevin Matthews

The applicant sought a bail review under s. 520(1) of the Criminal Code after a Justice of the Peace denied his release pending trial on charges including kidnapping, drug trafficking, and conspiracy.

The applicant argued the Justice erred in applying the onus, relying on an alleged breach of a Manitoba recognizance, and overemphasizing an outdated criminal record.

The Superior Court dismissed the application, finding no material change in circumstances and concluding that the Justice did not err in law or render an unreasonable decision in justifying detention on the primary, secondary, and tertiary grounds.

The accused brought an application to quash a General Warrant authorizing covert entry onto a third party’s property and sought exclusion of evidence under s. 24(2) of the Charter, alleging a breach of s. 8.

The primary issue was whether the accused had standing to assert a reasonable expectation of privacy in property owned by his brother.

Applying the totality of the circumstances analysis from R. v. Edwards, the court held the accused lacked sufficient possession, control, or authority over the property to establish a reasonable expectation of privacy.

As a result, he had no standing to challenge the warrant.

The court further held that, even if standing had existed, leave to cross‑examine the affiant would not have been granted because the challenge raised was facial rather than sub‑facial.

The applicant, a 79-year-old man charged with trafficking a large quantity of oxycodone, sought a review of his detention order under s. 520 of the Criminal Code.

The reviewing judge found the Justice of the Peace erred in principle by failing to analyze the proposed release plan, allowing for a de novo review.

However, the judge ultimately concluded that detention remained justified on both primary and secondary grounds, citing the applicant's lack of ties to the jurisdiction, his overseas connections, the inadequacy of the proposed surety, and the high risk of continuing criminal activity associated with lucrative drug trafficking.