The Crown applied under s. 521 of the Criminal Code to review a judicial interim release order granted to the accused, who faced serious drug trafficking and firearms charges.
The Crown argued the Justice of the Peace misapprehended the accused's criminal record, failed to consider the surety's inability to supervise, and overemphasized the release plan on the tertiary ground.
The Superior Court of Justice applied the St. Cloud framework and found no error of law, concluding the Justice of the Peace properly weighed the strict house arrest and electronic monitoring conditions against the statutory factors.
The Crown's application was dismissed.