Paul Amenta

The applicants, charged with the second-degree murder of their infant son, sought a review of a detention order under s. 680 of the Criminal Code.

The motion judge had denied bail on the secondary ground, citing concerns that the applicants might gain access to their surviving child and that their proposed sureties would not enforce a no-contact order.

The Court of Appeal agreed with the motion judge's concerns but concluded that detention was not the only way to protect the surviving child, who was in the custody of the Children's Aid Society.

The Court found that a strict no-contact condition, along with undertakings from family members, would adequately protect the child.

The Court held that detention was not necessary on the secondary ground and directed further submissions on release terms.

The applicants, charged with the second-degree murder of their infant son, sought a review of a decision denying them bail.

The motion judge had denied bail on the secondary ground, citing concerns for the safety of the applicants' surviving child.

The Court of Appeal found that the surviving child, currently in the custody of the Children's Aid Society, could be adequately protected through strict release conditions prohibiting any contact.

The court concluded that detention was not necessary on the secondary or tertiary grounds and ordered the applicants' release subject to conditions.