The Crown applied to revoke the respondent's bail pending his appeal of a fraud conviction, alleging he breached a condition prohibiting him from engaging in non-personal financial transactions.
The respondent argued the application was procedurally flawed because no arrest warrant was issued under s. 679(6) of the Criminal Code.
The Court of Appeal held that an arrest warrant is unnecessary when the appellant is already in custody.
Finding reasonable grounds to believe the respondent breached his bail conditions by soliciting investments for a business, the court revoked his bail.
The Crown's application for a certificate of default was dismissed as premature pending the trial on the breach of recognizance charges.