The accused, Dwayne Nelson, applied for a bail review under s. 520 of the Criminal Code, challenging the denial of bail by a Justice of the Peace.
The application focused on whether there had been a material change in circumstances since the original bail hearing.
The court considered the withdrawal of certain drug charges by the federal Crown and the development of a new release plan with new sureties and more onerous conditions.
Applying the principles from R. v. St-Cloud and R. v. Antic, the court found that the proposed new sureties, combined with the tightened plan, constituted a material change in circumstances that addressed the original concerns regarding secondary and tertiary grounds for detention.
The bail review application was allowed, and the accused was released on a recognizance with specific conditions.
