P. Douglas

The accused sought judicial interim release under s. 520 of the Criminal Code following a justice of the peace’s order detaining him on secondary and tertiary grounds in connection with multiple charges arising from an alleged staged motor vehicle accident and insurance fraud scheme.

The proposed plan of release included two sureties, house arrest, and electronic monitoring.

The court held that the justice of the peace erred in detaining the accused on secondary grounds and found that strict conditions including electronic monitoring could address concerns relating to secondary and tertiary grounds.

However, the court concluded that the proposed sureties were unsuitable due to credibility concerns and prior criminal justice involvement.

Because the sureties were not satisfactory, the proposed bail plan failed.

The Crown applied under s. 521 of the Criminal Code to review and cancel a judicial interim release order granted after a contested bail hearing involving firearm and drug trafficking allegations.

The accused had been released on recognizance with sureties despite a reverse onus and evidence suggesting possession of a loaded handgun and cocaine at a funeral while wearing a bulletproof vest.

The review court considered the tertiary ground under s. 515(10)(c) and the requirement to maintain confidence in the administration of justice.

Although the circumstances involving a firearm were serious, the court held detention was not necessary if stricter supervision conditions were imposed.

The release order was varied to require electronic monitoring and geographic restrictions between residence and employment.