Court File and Parties

CITATION: R. v. James, 2019 ONSC 6932 COURT FILE NO.: CR-19-4751-BR DATE: 2019-12-02

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Her Majesty the Queen AND: Gregory James

BEFORE: Mr Justice Ramsay

COUNSEL: J.J. Burke for the Crown Margaret Hoy for the accused

HEARD: November 29, 2019

Endorsement

[1] The accused applies under s.520 of the Criminal Code to review the detention order made by Justice of the Peace Phillips on October 9, 2019.

[2] The order was not inappropriate, let alone “clearly inappropriate.” Nor did the justice make any errors of law. There are four sets of charges, some of which depend entirely on the evidence of the complainant, and some of which do not. On the September 30, 2019 charges there is a form of alibi evidence, but the justice knew about this and took it into account.

[3] There is some new evidence, however, in the form of affidavits from two men who say they were helping him work on his truck in Fort Erie at the time of the alleged offence of September 12, 2019. If this alibi evidence is true, the accused cannot have committed the attack. At the same time, if he was in Fort Erie, he was in breach two recognizances. The impact of the new evidence on the probability of conviction on one set of charges is balanced by its impact on the court’s ability to trust the accused to comply with terms of release. The Application is dismissed.

J.A. Ramsay J.

Date: 2019-12-02