P. Tait

The appellant was convicted of impaired operation and failing to remain, receiving an 18-month driving prohibition.

She applied for a stay of the driving prohibition pending her summary conviction appeal.

The court applied the three-part test for a stay, finding that the appeal based on circumstantial evidence was not frivolous, the appellant would suffer hardship due to her employment requirements, and she would not pose a danger to the public as a first-time offender.

The application was granted with a condition of zero blood alcohol while driving.

The accused sought a bail review after being ordered detained by a justice of the peace.

The Crown opposed release on secondary and tertiary grounds under s. 515(10) of the Criminal Code, citing allegations involving road rage, drug offences, and the use of a loaded firearm.

The reviewing judge accepted that a change in circumstances existed due to a revised release plan involving two new sureties pledging substantial assets and the addition of GPS electronic monitoring.

Applying the framework from R. v. Hall and subsequent appellate authorities, the court emphasized that detention under the tertiary ground must be reserved for rare cases and requires a contextual assessment of the statutory factors.

Considering the presumption of innocence, the proposed supervision plan, and the absence of specific public concern regarding the accused, the court concluded that detention was not necessary to maintain confidence in the administration of justice.