The accused, a 67-year-old with a heart condition, brought a detention review under s. 525 of the Criminal Code, arguing his vulnerability to COVID-19 warranted release.
He was detained on charges of attempting to purchase a firearm while prohibited, following a previous conviction for serious domestic violence offences against his ex-wife.
The court acknowledged the accused's heightened risk from COVID-19 but found the jail had implemented rigorous mitigation protocols.
Balancing the Gladue factors and pandemic risks against the substantial likelihood that the accused would cause serious harm to his ex-wife if released, the court concluded his detention remained necessary on secondary grounds.
The application was dismissed.