Two accused persons charged with possession of property obtained by crime over $5,000 sought to vary the conditions of their undertaking to permit travel to Pakistan to care for an elderly, ill parent and manage property interests.
The Crown opposed the variation, arguing the accused would not return to the jurisdiction.
The court granted the application, finding the Crown had not met its onus on a Crown onus case.
The court considered the accused's ties to Canada, their history of returning from previous Pakistan visits, their cooperation with the court process, and the presumption of innocence.
The court varied the undertaking to permit international travel subject to conditions including advance notice of travel itineraries and restrictions on contact with specified individuals and locations.
