On a bail review under s. 520 of the Criminal Code, the applicant challenged her continued detention on secondary and tertiary grounds arising from allegations connected to child sexual abuse and child pornography offences.
The court held that fresh evidence from the co-accused's guilty plea, the co-accused's affidavit, a new proposed surety, and evidence concerning the applicant's custodial circumstances met the Palmer criteria and constituted a material change in circumstances under the St. Cloud framework.
The court accepted that the new evidence materially affected the assessment of risk by providing corroborative evidence of coercion, abuse, and manipulation within the relationship.
Applying the principle of restraint, the court found the residual risk could be managed through strict release terms, including house arrest and tightly controlled access restrictions involving children.
The application was granted and release ordered on conditions.
