Nicos Fassler

The accused, charged with second-degree murder, applied for bail in a reverse onus situation.

The proposed release plan involved house arrest with electronic monitoring and his father as a surety.

The court dismissed the application, finding the accused failed to meet his onus on the primary, secondary, and tertiary grounds.

The court noted the accused's history of breaching court orders, fleeing the jurisdiction under a false name, and committing violent offences while on bail or in custody, concluding that electronic monitoring could not overcome the lack of a reliable supervision plan.

The defendant was arrested by police who mistakenly believed he was his brother, a suspect wanted on a warrant.

During a search incident to arrest, police found a loaded revolver in the defendant's pocket.

The defendant brought a Charter application arguing the arrest was unlawful due to mistaken identity and sought to exclude the firearm.

The court found the arresting officer had subjective and objective reasonable and probable grounds to make the arrest given the striking physical resemblance between the brothers and other corroborating surveillance details.

The Charter application was dismissed, and the defendant was found guilty of all firearms charges.