The accused, Marvin Small, sought a bail review under s. 520 of the Criminal Code, challenging his continued detention by a Justice of the Peace.
He argued for a material change in circumstances based on the proposed addition of electronic monitoring, a new surety (KN), an increased monetary pledge from his girlfriend (TT), and trial delays due to the COVID-19 pandemic.
The court found that neither TT nor KN were suitable sureties, rendering electronic monitoring ineffective.
The increased monetary pledge did not address the core concern of surety supervision.
Furthermore, the COVID-19 related delays were largely duplicative of arguments made at the initial bail hearing.
Consequently, the court found no material change in circumstances, dismissed the application, and maintained the accused's detention.
