The 16-year-old applicant was charged with second degree murder and attempted murder.
He was initially ordered detained solely on the tertiary ground under s. 515(10)(c) of the Criminal Code.
The applicant sought a review of the detention order.
The Court of Appeal found that the application judge erred by failing to consider releasing the youth to a responsible person under s. 31 of the Youth Criminal Justice Act.
Additionally, fresh evidence from the preliminary inquiry showed the Crown's case was less compelling than originally presented.
The Court granted the application and ordered the youth released into the care of his grandparents under strict conditions, including house arrest.
