The accused applied for a bail review under s. 520 of the Criminal Code seeking to vacate a detention order made by a justice of the peace.
The accused argued that the justice erred in finding he had no community ties, misapprehended financial evidence from proposed sureties, and failed to consider a prior Superior Court decision releasing him on related charges in another jurisdiction.
The reviewing judge held that a bail review is a hybrid process involving both review and limited fresh evidence but requires deference to the original decision unless legal or factual error is shown.
Given the strong Crown case, extensive criminal record including breaches of recognizance, lack of credible sureties, and evidence suggesting access to funds and a risk of reoffending, the court found detention justified on both primary and secondary grounds.
The prior bail decision relating to different charges and evidentiary records was not binding.
