A. Brass

The Crown brought a bail review under ss. 520–521 of the Criminal Code seeking to overturn a justice of the peace’s order releasing the accused on numerous fraud-related charges.

The reviewing judge found legal errors in the justice’s application of the tertiary ground under s. 515(10)(c), including reliance on a purported prohibition against pre-trial punishment and the imposition of a “maximum force” threshold not found in the legislation or jurisprudence.

Considering the seriousness and escalating nature of the alleged offences, including robbery and possession of a loaded restricted firearm after repeated breaches of release conditions, the court concluded the earlier decision was both legally erroneous and clearly inappropriate.

The release order was set aside and detention ordered to maintain confidence in the administration of justice.

The Crown applied to revoke the accused's bail after he was found guilty of multiple firearm offences, including possession of a loaded restricted handgun contrary to a weapons prohibition.

The offences carried a mandatory minimum sentence of three years.

The court reviewed the principles governing post-conviction bail revocation, noting the Crown bears a heavy onus.

Applying the secondary and tertiary grounds under s. 515(10) of the Criminal Code, the court found that the accused's continued release was contrary to public interest and public safety, given the gravity of the offences and his prior breach of a conditional sentence.

The application was granted and the accused was ordered detained pending sentencing.