3 total
Bail review denied; proposed surety insufficient given violent allegations and criminal history.
The accused applied for a bail review after a justice of the peace denied release.
The application relied on an alleged change in circumstances, namely the availability of a new surety.
The court accepted that the proposed surety was well-meaning but found she was unaware of the full extent of the accused’s criminal record and the allegations against him.
Given the seriousness and extreme violence alleged, the court concluded the proposed release plan failed to address the secondary ground and also engaged the tertiary ground.
The bail review application was therefore dismissed.
Condominium pool accessible to thousands of residents constitutes a public swimming area under section 161.
The Crown appealed the accused's acquittal on charges of failing to comply with a probation order and breaching a prohibition order relating to children.
The accused, who was subject to an order prohibiting him from attending public swimming areas where children might be present, went swimming in his condominium complex's pool.
The trial judge acquitted him, finding the pool was not a 'public swimming area'.
The Court of Appeal allowed the appeal, holding that the pool, which was accessible to 8,000 residents and outside members, fell within the definition of a public place.
The acquittals were set aside and a new trial was ordered.
Board has statutory authority to use reasonable force to enter employer premises to post certification notices.
The union applied for certification and filed unfair labour practice complaints.
The employer refused to post the required Board notices to employees.
Board officers, accompanied by a sheriff's officer, forcibly entered the employer's premises to post the notices.
The employer raised preliminary objections, arguing that the Board lacked jurisdiction to use force and that its actions created a reasonable apprehension of bias.
The Board dismissed the objections, holding that its statutory power to enter premises to post notices implicitly includes the authority to use reasonable force.
The Board found that a reasonable person would view the actions as fulfilling the Board's statutory duties, not as allying with the union.
