Following the offender's conviction by a jury for serious firearms offences, the Crown applied to revoke his bail pending sentencing pursuant to s. 523 of the Criminal Code.
The court reviewed conflicting jurisprudence regarding whether the Crown must show cause to revoke bail post-conviction.
Adopting the reasoning of the Alberta Court of Appeal in Aheer, the court held that s. 523(1)(b)(ii) governs post-conviction bail revocation and grants the trial judge unique discretion to revoke bail without the Crown having to show cause, as the presumption of innocence is lost upon conviction.
Given the offender's serious convictions, prior record, and history of breaches, the court exercised its discretion to revoke bail and remand the offender into custody pending sentence.
