2 total
Bail review granted; strict house arrest plan with new surety mitigated risk of re-offending.
The applicant, facing two sets of charges for trafficking crystal methamphetamine, sought a review of his detention order under s. 520 of the Criminal Code.
The court found a material change in circumstances based on a newly proposed surety (the applicant's brother) and a strict 24/7 house arrest plan.
Despite the applicant allegedly committing the second set of offences while on bail for the first, the court concluded the new supervision plan, which included a monitored alarm system and relocation to a different city, sufficiently mitigated the substantial likelihood of re-offending.
The application was granted and the applicant was released on a recognizance.
Rowbotham relief denied for insufficient proof of inability to retain counsel.
The applicant sought a Rowbotham order staying a prosecution for importing opium until the Crown funded counsel for trial.
The court accepted that Legal Aid had been denied and that counsel was necessary for a fair trial given the seriousness of the charge, the legal issues, and the applicant's limited English.
However, the applicant failed to establish on a balance of probabilities that he could not afford private counsel or that he had exhausted other available means, including assistance from family or borrowing.
The application was dismissed without prejudice to a renewed application supported by fuller financial evidence.
