On a judicial interim release application for an accused charged with second degree murder, the court considered the reverse onus under s. 522(2) of the Criminal Code and whether detention remained justified under s. 515(10).
The record included a detailed release plan involving the accused's father as sole surety, strict house arrest, electronic alcohol monitoring, abstinence conditions, and passport surrender.
Although the Crown did not consent to release, terms were worked out with counsel if release were ordered.
The court held that the applicant met the onus and ordered release on stringent conditions.
