Saara Wilson

The accused was convicted of Sexual Assault, Forcible Confinement, Assault, and Assault Resisting Arrest.

The offences involved forced anal intercourse with the accused's former girlfriend while she was bound and confined, followed by choking and violent resistance to police arrest.

The court imposed a custodial sentence of two years less one day with three years' probation to follow, along with mandatory ancillary orders including firearms prohibition, DNA orders, and SOIRA registration.

The applicant accused brought an application for a bail review under s. 520 of the Criminal Code, challenging his detention under s. 524(8).

The accused argued that the justice of the peace erred in law by ordering his detention without confirming whether the new hybrid offences he allegedly committed while on release were proceeding by indictment.

The court held that a Crown election to proceed summarily on a hybrid offence alters its nature such that it is no longer deemed indictable for the purposes of a s. 524 hearing, and this determination must be made at the time of the hearing, not at the time of arrest.

Because the justice of the peace failed to ascertain jurisdiction, the detention order was vacated, restoring the accused's eligibility for enhanced pre-trial custody credit.