The applicant, charged with terrorism offences, was denied bail by a justice of the peace and twice by superior court judges.
After a direct indictment was filed, he applied to a single judge of the Court of Appeal for a bail review.
The court held that the trial had not yet commenced for the purposes of s. 523(2)(a) of the Criminal Code, meaning s. 520 governed the application.
However, the court declined to exercise its concurrent jurisdiction under s. 520, ruling that absent special circumstances, superior courts should deal with bail prior to and during a trial.
The application was dismissed.
