The applicant, an Indigenous person, sought a review of a detention order under s. 520 of the Criminal Code, arguing the Justice of the Peace erred in law by failing to fully consider Gladue principles pursuant to s. 493.2.
The Superior Court admitted the applicant's fresh affidavit but found the Justice of the Peace made no error of law given the limited evidence presented at the original hearing.
Conducting a de novo review, the court concluded that detention was necessary on the secondary ground due to the applicant's significant criminal record, the violent nature of the alleged offences, and the lack of a sufficient release plan.
