Oliver Fitzgerald

The Crown applied under s. 521 of the Criminal Code to review a judicial interim release order granted to the accused, who faced serious drug trafficking and firearms charges.

The Crown argued the Justice of the Peace misapprehended the accused's criminal record, failed to consider the surety's inability to supervise, and overemphasized the release plan on the tertiary ground.

The Superior Court of Justice applied the St. Cloud framework and found no error of law, concluding the Justice of the Peace properly weighed the strict house arrest and electronic monitoring conditions against the statutory factors.

The Crown's application was dismissed.

The appellant appealed her summary conviction for driving with a blood alcohol level over 80mg.

She argued the trial judge erred in finding sufficient grounds for the roadside test, accepting the breathalyzer results despite an unreliable breath technician, and finding the delay caused by a forced consultation with duty counsel was reasonable.

The Superior Court of Justice dismissed the first two grounds but found the trial judge erred in law by failing to consider whether the police acted reasonably in requiring the appellant to consult with duty counsel after she had waived her right to counsel.

The conviction was set aside and a new trial ordered.