COURT FILE NO.: CR-21-0000711-00BR

DATE: 2021 03 24

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

HER MAJESTY THE QUEEN

Respondent

Keeley Homes, for the Respondent

• and -

DARNELL REID

Applicant

Gavin Holder, for the Applicant

HEARD: March 15, 18, 23, 2021

REASONS FOR DECISION

BARNES J.

INTRODUCTION

[1] Mr. Darnell Reid’s application for bail on the charge of first degree murder is denied on the basis that having regard to all of the circumstances, his detention is necessary to maintain public confidence in the administration of justice: s. 515(10)(c) of the Criminal Code, R.S.C. 1985, c. C-46 (“the Code”).

[2] It is alleged that on July 28, 2020, Mr. Darnell Reid murdered his girlfriend, Ms. Darian Henderson-Bellman, shooting her three times, and attempted to commit suicide by shooting himself in the head. Ms. Henderson-Bellman died at the scene. Mr. Reid was rushed to hospital for treatment. He has remained in hospital ever since. On March 3, 2021, he was arrested and charged with these offences:

1. First degree murder, contrary to s. 235(1) of the Code;

2. Possession of a loaded prohibited or restricted firearm, contrary to s. 95(1) of the Code;

3. Failure to comply with a release order, contrary to s. 145(5)(a) of the Code; and

4. Failure to comply with a release order, contrary to s. 145(5)(a) of the Code.

BACKGROUND

Allegations - Bail condition compliance history

[3] On July 15, 2019, Halton police arrested Mr. Reid for assault. Ms. Henderson-Bellman alleged that on July 14, 2019, Mr. Reid backhandedly hit her several times, causing a swollen lip. She said that, when she attempted to flee, Mr. Reid grabbed her by the hair and punched her in the face. Previously on July 14, 2019, as a result of a complaint by an unidentified person, police investigated this incident. Mr. Reid was arrested on the same day and released on an undertaking with conditions including a condition not to contact Ms. Henderson-Bellman (“the July 2019 bail”).

[4] On August 9, 2019, Mr. Reid was charged with breaching this condition. He is alleged to have contacted her using a private phone number. On August 9, 2019, Mr. Reid was released on a $2,000 bail with his mother Ms. Andrea Johnson as surety (“the August 2019 bail”).

[5] Just under two months later, Mr. Reid is alleged to have breached the no contact condition again. On October 1, 2019, police observed Mr. Reid driving a motor vehicle, with a female seated in the front passenger seat. Police conducted a check to verify Mr. Reid’s compliance with his bail release conditions. Ms. Henderson-Bellman initially lied about her name. Police confirmed her identity. Mr. Reid was arrested on allegations of the breach. Police searched the vehicle and found six Ziploc bags of edible marijuana in the centre console. Mr. Reid will challenge the constitutionality of the police stop and search at trial.

[6] On October 1, 2019, Mr. Reid was released on a $3,000 bail on all outstanding charges (“the October 2019 bail”). The bail conditions included an order precluding contact with Ms. Henderson-Bellman and a condition prohibiting the possession of weapons. Ms. Andrea Johnson remained the surety.

[7] On October 18, 2019, almost two weeks later, Mr. Reid is alleged to have breached the no contact order for a third time. He was stopped by Guelph police at a RIDE stop in Guelph at 1:10 a.m. His passenger was Ms. Henderson-Bellman. He was arrested for breaching his recognizance and he was searched. Mr. Reid told the police he had “molly”/ecstasy in his shoe. The Police found the drugs in his shoes. Mr. Reid was released on a promise to appear (“the October 2019 P.A.”). Mr. Reid will challenge the constitutionality of the police search at trial.

[8] On May 22, 2020, concerned persons reported to police that a woman had run up to their home in a panic. She told them that she had been hit by a car. Police reviewed a security camera and observed Ms. Henderson-Bellman running up the steps of the complainant’s porch. The camera also captured the image of a white Mercedes driving by slowly, reversing and a male voice could be heard yelling "Where you going?” Ms. Henderson-Bellman did not identify who struck her with the car, except to say that she knew the driver.

[9] On the next day, May 23, 2020, police received a call from a civilian, who requested that the police check on the wellbeing of a white woman standing with a black male in the area of Maple Avenue and Palomino Trail in Georgetown. The civilian reported that the woman appeared intoxicated and distressed. She was described as having blonde hair, approximately 20 years old. Both parties were last seen entering a white vehicle traveling westbound on Maple Avenue.

[10] Police investigated and observed Mr. Reid’s white Mercedes in the area of Maple Avenue and Bradley Drive with a blonde female passenger. Police lost sight of the vehicle but saw Ms. Henderson-Bellman walking on the street. She was not intoxicated and denied being in a vehicle.

[11] Ms. Henderson-Bellman later admitted that she had been travelling with Mr. Reid in his white Mercedes. She conceded that she and Mr. Reid had been in continued contact. She claimed to have jumped out of the moving car because she had hit him after a verbal argument and feared retaliation. She explained that this was why she had run to the home, where she had been captured on security camera. As previously described, she had run to the home seeking help and the owners of the home called the police to report her actions. Ms. Henderson-Bellman told police the scrapes on her body were the result of jumping out of the car instead of being hit by it.

[12] Also, on May 23, 2020, at 6:01 p.m., it was reported to police that a white Mercedes was being driven erratically, near Bovaird Drive and Dixie Road, in Brampton. The caller was concerned that the vehicle was going to crash and so followed it. This caller captured the ensuing events on a dash camera. At 6:11 p.m., a second caller reported to the police that she had seen the vehicle strike two vehicles as it travelled westbound on Bovaird past Kennedy Road. She said she observed the driver fall asleep at the wheel.

[13] The first caller continued to follow the vehicle and observed the vehicle jump the curb and park in front of a residence in the City of Brampton. This residence is where Mr. Reid lived with his mother, Ms. Andrea Johnson. Police found the vehicle at the residence. Mr. Reid was the sole occupant of the vehicle.

[14] The vehicle was a rental vehicle. At 6:11 p.m., he was arrested for failing to remain at the scene of an accident. The vehicle sustained minor damage to the passenger side rims and to the front licence plate. Incident to his arrest, police searched Mr. Reid and found a loaded .22 caliber GSG-1911 firearm tucked in his waist band. There was no bullet in the chamber but there were nine bullets in the magazine. Police found a small amount of marijuana, three cellphones, and $275 in cash in the centre console of the vehicle.

[15] Police detected a strong smell of marihuana and alcohol emanating from the car’s interior but no smell of alcohol on Mr. Reid’s breath. Mr. Reid appeared confused. He had a short attention span. His speech was nonsensical. He was unsteady on his feet. As he was escorted to the police cruiser, he was unsteady and slow. He had difficulty entering and sitting in the police cruiser. His eyes were glassy and watery. Police conducted a drug recognition test. Mr. Reid performed poorly. At 6:22 p.m., the police charged Mr. Reid with operating a conveyance while impaired. He was also charged with breaching the no weapons condition of his release.

[16] Mr. Reid was advised of his rights to counsel. He declined the assistance of counsel and made certain statements and admissions including: “The gun wasn’t loaded”. He admitted driving the vehicle but denied being in a collision. He told the police “I told them I had a gun, I told them I had a gun… she searched me, I figured I’d get more credit for telling them I had a gun. He reached around and felt it and he said firearm!! Me and my girlfriend are not allowed to be together, we both got breached”; “I do not have a criminal record”.

[17] When asked why he had the firearm, he responded: “I live in a city where the police and other people are shooting at black people. The police will shoot me in my face… I’d rather say I shot back and got away to go say goodbye to my kids, rather than get shot up in my face. I am not a thug I am not a gangster”. He admitted that the attachment on the firearm had come with the firearm.

[18] The bail hearing on the May 28, 2020 charges was a contested hearing. Ms. Andrea Johnson was once again proposed as a surety. Her childhood friend Sandra Peart was a co-surety. A very stringent plan of round-the-clock uninterrupted supervision, including electronic supervision, was proposed by the sureties.

[19] Ms. Johnson told the Justice that Mr. Reid will be subject to round-the-clock uninterrupted supervision by either her or Ms. Peart. Ms. Peart will move into the residence with her and Mr. Reid. Ms. Johnson worked from home as a hairdresser and financial advisor and will supervise Mr. Reid at home. She would not leave home until Ms. Peart was home to take over the surveillance. An alarm would be installed. Mr. Reid would not have the code to the alarm. If Mr. Reid opened a door, the alarm will be triggered. Mr. Reid will also be subject to electronic monitoring. Mr. Reid’s phone and room will be searched frequently.

[20] Ms. Johnson assured the court that, although Mr. Reid had breached the no contact conditions twice before under her watch as surety, these new conditions were very strict to ensure that further breaches did not occur. Ms. Peart confirmed her willingness to act as surety and the supervision plan described by Ms. Johnson. She explained that the plan was designed to prevent Mr. Reid from having guests over at the house.

[21] In view of the stringent nature of the plan, Mr. Reid was released. The Justice’s reasons for release included the following:

• “When Ms. Johnson was asked what she felt was different about this time versus the last time that she had been asked to supervise her so, she acknowledged that the charges her son is facing are much more serious now and that this would be a last chance for him, both in her own mind and for the court.” (Page 91)

• “She used to have a job driving a school bus for disabled children, she no longer has that job. Her two remaining jobs allow her to stay and work from home…and has changed the access code to the alarm, which she says her son will not have” (Page 91)

• “What I found most compelling about Ms. Johnson’s testimony is not only the willingness to continue to support her son and make efforts to assist him in getting well, but she did state further that this was his last chance. She conveyed a feeling that she is at the end of her rope with him…In other words the buck stops here for Mr. Reid’s chances with his mother. She’s done attending at courthouses to bail him out, and if for any reason he finds himself unable to comply with the conditions of a release, that she would not hesitate to call the police on him.” (Page 93)

• “The proposed plan is one of the tightest I have ever seen, in my experience with two sureties prepared to supervise Mr. Reid under a 24/7 supervision, the addition of an ankle monitoring bracelet they are paying out of pocket for, and a substantial monetary value of almost $10,000.00 each, which is essentially most of their life savings and a plan that ensures that they know what Mr. Reid is doing at every point of the day.” (Page 94)

• “I believe them, that they are going to do what they said and that they are going to ensure they have Mr. Reid under their thumb or nose, as the case may be, in ensuring they are taking the steps necessary to get Mr. Reid’s life back on a path which does not involve him becoming involved in the criminal justice system.” (page 101)

[22] Mr. Reid was released to Ms. Johnson and Ms. Peart as sureties in the amount of $ 20,000 (“the May 28, 2020 firearms bail”). He was subject to a 24-hour, 7-days-a-week house arrest, with electronic monitoring. He was to possess no weapons and no non-medically prescribed drugs.

[23] As a result of the May 28, 2020 allegations, Mr. Reid is alleged to be in breach of his October 2019 bail. Upon securing the May 28, 2020 firearms bail, he was released on a new bail to encompass the alleged breach and the charges subject to the October 2019 bail. This new bail was $5,000 with conditions not to contact Ms. Henderson-Bellman, to remain under house arrest, and not to possess any firearms or drugs. Ms. Johnson remained the surety.

Allegations - current charges

[24] The previous allegations provide important context for the tragic turn of events, which I must now describe. Two months after his release on the May 28, 2020 firearms bail, Mr. Reid is alleged to have shot Ms. Henderson-Bellman to death and then shot himself in the head.

[25] On July 28, 2020, at 2:28 p.m., police received a call about a suicide attempt at the residence of Mr. Reid, his mother, and his sister, Pauz Mclean (“the residence”). Police arrived at 2:37 p.m. Constable Carniello went to the basement via a side entrance. He met Mr. Reid’s mother, Ms. Andrea Johnson and her daughter Pauz Mclean. In the basement apartment, he observed Mr. Reid and Ms. Henderson-Bellman lying face down in the living room area. The bodies were approximately six inches apart and there was a pool of blood around each of their heads. A black handgun was found beside Ms. Henderson-Bellman near her waist area. There was one bullet in the gun chamber and the magazine was empty.

[26] Ms. Mclean told police that on July 28, 2020, she first woke up around 12:30 p.m. She went back to sleep and awoke after 1:00 p.m. She placed an order for McDonalds through UBER eats. She picked up her order from her front door and returned to her bedroom. She heard yelling between Mr. Reid and a female voice, who she recognized as Ms. Henderson-Bellman. The yelling lasted for approximately 15 minutes. Shortly thereafter, she heard what sounded like “penny dropping down the stairs”. Then, she heard Mr. Reid say “paz paz” in a tone that did not cause her any concern at the time. After about 20 seconds she heard the same noise again. She later believed that the noise were gun shots.

[27] Ms. Mclean told police that she went down to the basement area. From the top of the stairs she called out to Mr. Reid. He did not respond, but she could hear him breathing. She called Ms. Johnson at 2:07 p.m. and 2:13 p.m. and asked her to come home. Ms. Johnson arrived went to the basement and directed Ms. Mclean to call 911. Ms. Mclean described Mr. Reid and Ms. Henderson-Bellman as lying face down with Mr. Reid’s legs over Ms. Henderson-Bellman’s legs.

[28] Ms. Johnson told the police that on July 28, 2020, she left the residence at 11:00 a.m. At about 2:07 p.m., she received a call from Ms. Mclean and learned that something had gone wrong in the basement of the residence. She returned to the residence and met Ms. Mclean in the driveway. In the basement, she found Mr. Reid and Ms. Henderson-Bellman on the floor. Mr. Reid’s legs were on top of Ms. Henderson-Bellman’s legs. Ms. Henderson-Bellman had no vital signs and Mr. Reid was breathing. She instructed Ms. Mclean to call 911. Ms. Johnson observed a gun under Ms. Henderson-Bellman’s stomach. Because of Mr. Reid’s size she and Ms. Mclean were unable to carry out the 911 operator’s instructions to roll him over.

[29] Ms. Adair is Ms. Henderson-Bellman’s friend. She has known Mr. Reid for at least three years. Ms. Adair told the police that, on July 27, 2020, Ms. Henderson-Bellman had gone on a date with another man and Mr. Reid sent her texts to confirm this. She also said that, during that date, Mr. Reid sent several texts and made several calls to Ms. Henderson-Bellman. She did not answer. Ms. Adair said she was in communication with Ms. Henderson-Bellman about Mr. Reid’s multiple texts and phone calls.

[30] According to Ms. Adair, she told police that, at approximately 11:45 a.m. on July 28, 2020, she picked up Ms. Henderson-Bellman from her grandmother’s home. Ms. Adair said she was driving a white Dodge Chrysler 200 with two other occupants in the car. She said Ms. Henderson-Bellman was going to see Mr. Reid to end their relationship. She dropped Ms. Henderson-Bellman at Mr Reid’s residence at 1:30 p.m.

[31] Ms. Octavia Deoliveira is a friend of Darnell Reid. She told police that on July 28, 2020, at approximately 11:30 a.m., Mr. Reid sent her a Snapchat message. In the message, he stated that he loved her, will see her in the next life, and will always love her. Mr. Reid wrote that this was not about Ms. Deoliveira and he just did not want to be here anymore. The last message Mr. Reid sent her was at 1:00 p.m. when he wrote “Tabby please let me go”. Ms. Deoliveira said she tried to get a hold of Mr. Reid but was unsuccessful.

[32] Kylee Earls is Mr. Reid’s friend. She told police that, at approximately 12:00 p.m. on July 28, 2020, she received a message from Mr. Reid. In the message, he wrote, “I care about you, you are a good person, you have always been there, and I hope to see you in this life or the next”. She replied to this message but did not receive a reply from Mr. Reid.

[33] Ms. Earls said that, at 1:30 p.m. the same day, she received a phone call from Mr. Reid at a time when she was on the phone with her ex-boyfriend. She arranged a three-way call. There was a conversation mostly between her ex- boyfriend and Mr. Reid. She said Mr. Reid appeared normal and made no reference to his previous text message. The conversation ended at 2:00 p.m.

[34] Surveillance video from the residence shows that, at 1:08 p.m. on July 28, 2020, Ms. Henderson-Bellman exited Ms. Adair’s white Dodge Chrysler 200 at an intersection near the residence. She walked towards the residence and was last seen in the driveway of the residence before disappearing from the camera’s view. Ms. Henderson-Bellman was carrying what appeared to be a large bag.

[35] Ms. Henderson-Bellman reappeared on camera at 1:55 p.m. at a sidewalk near the residence. She is seen walking toward the residence and, as she arrived, a white SUV left the residence.

[36] At 2:15 p.m., the cameras capture the image of a woman believed to be Ms. Mclean, who was on the phone and pacing up and down the driveway. At 2:14 p.m., the camera image shows a woman, believed to be Ms. Johnson, arriving at the residence in a Jeep SUV. At 2:36 p.m., Peel Police are seen arriving on the scene.

[37] On July 27, 2021, Ms. Henderson-Bellman’s cellphone received several texts from Mr. Reid professing his love for her. It appeared from the texts that they were breaking up. Mr. Reid seems aware that Ms. Henderson-Bellman was out on a date. In his messages, he made comments about suicide but did not indicate that he was going to commit suicide. Mr. Reid also made several demands that Ms. Henderson-Bellman go and see him the next day (i.e., July 28, 2020). Mr. Reid made 41 calls to Ms. Henderson-Bellman, which went unanswered.

[38] On July 27, 2020, at approximately 10:30 p.m., Ms. Henderson-Bellman had a text conversation with Ms. Adair about Mr. Reid’s search for Ms. Henderson-Bellman.

[39] On July 28, 2021, at 12:27 a.m., Ms. Henderson-Bellman sent a text to Ms. Mclean checking whether Mr. Reid was okay. Ms. Mclean assured her that Mr. Reid was okay.

[40] On July 28,2020, there are text conversations between Ms. Adair and Ms. Henderson-Bellman about Ms. Adair picking up Ms. Henderson-Bellman. Later at 1:52 p.m., Ms. Henderson-Bellman asks Ms. Adair for help. She said she had left the residence and was having a seizure. Ms. Adair asked for Ms. Henderson-Bellman’s location but received no response.

[41] From 1:26 p.m. on July 28, 2020, there are multiple texts between Mr. Reid and Ms. Henderson-Bellman. They were having an argument. In a text sent at 1:47 p.m., Mr. Reid wrote, “I wanted one last hug, but u can run if you want”, “I wasn’t trying to harm u”, “I love u”, “bye”. This is the last text between Mr. Reid and Ms. Henderson-Bellman. Mr. Reid was found with a bullet wound to his head and Ms. Henderson-Bellman found dead shortly thereafter.

[42] The post-mortem examination was conducted on July 30, 2020 by Dr. Lal. The cause of death of Ms. Henderson-Bellman was determined to be gunshot wounds to the head (face) and torso.

[43] Ms. Henderson-Bellman suffered three separate gunshot wounds. They can be described as follows (not necessarily in the order they were inflicted). Gunshot number one entered Ms. Henderson Bellman’s right lower eyelid and exited her left cheek.

[44] The second gunshot entered Ms. Henderson Bellman’s right mid chest and exited her left upper arm after travelling through both breasts.

[45] The third gunshot entered her right lower chest, travelled through her liver, heart and lung before exiting her left back.

[46] Ms. Henderson Bellman also had abrasions on her right forearm, left elbow, left palm, right hip, right knee, right ankle, right lower leg, left thigh, left knee, left foot, and left posterior.

[47] The crime scene appears to be limited to the living room area of the basement apartment. Four bullet strikes were located. Three in the floor where Ms. Henderson-Bellman was located and one in the ceiling near the centre of the living area. Four bullet casings were located on the floor all for a 9mm Luger. Three unfired bullets were located all for a 9mm Luger. The path of the bullets all suggest they were fired from within the living room at a generally close range.

[48] Mr. Reid had a single tangential penetrating gunshot wound entering the right back of the head toward the top. The bullet travels back to front and right to left direction. The bullet lodged at the upper left top of the head with associated bone fractures.

[49] Marijuana and white powder substance believed to be cocaine were located throughout the residence.

[50] The Firearms Report indicates, the firearm is a Hi-point C9, 9 mm, semi automatic handgun. It was last registered in Missouri in 2012. It is a prohibited firearm. The four recovered casings were all identified as being fired from the located firearm. Two of the three fired bullets located in the floor were identified as being fired from the located firearm. The last bullet was not able to be included or excluded as having been fired from the recovered firearm.

Current medical status

[51] Mr. Reid arrived in hospital on July 28, 2020 in an unconscious state. His condition has improved since then. He can speak though his speech has been described by his proposed sureties as at grade level. He has been prescribed several different medications. Mr. Reid is a paraplegic from the gunshot. He has movement in his left hand. He has developed lower extremity spasticity. He is bedridden and cannot care for himself. He will need round-the-clock medical care. He has recovered sufficiently from his injuries to be moved from hospital.

[52] In a hospital discharge letter dated March 9, 2021, medical practitioners from the William Osler Heath System described Mr. Reid’s condition as follows:

Mr. Darnell Reid was admitted to Functional Enhancement Services (FES) Rehab with diagnosis of Traumatic Brain Injury, resulting in functional and physical deficits. Mr. Reid currently requires assist of one to two persons for slide board transfers between bed, wheelchair, and commode. He requires assistance with bathing, dressing and toileting. To maximize the safety of Mr. Reid, as well as his caregivers upon discharge, the following equipment is recommended:

1. Ambulance transportation home from hospital

2. Hospital bed with bedrails

3. Slide board (standard size)

4. Wheeled commode with bucket

5. Manual Type 2 wheelchair (forms to be completed by ADP authorized Occupational Therapist upon discharge)

6. Ramp entry into home

[53] Mr. Reid was to be released from the hospital on March 9, 2021. He will be sent to the correctional institution. He currently remains at Etobicoke General awaiting the arrival of appropriate equipment at Maplehurst.

[54] According to Ms. Johnson, Mr. Reid’s prognosis is unclear. He has improved and continues to improve, but the ceiling, if any, for his continued recovery remains unclear at this time. The hope is that his recovery will progress quickly to a point where he can begin acute brain injury therapy at an acute brain injury clinic.

Criminal Record

[55] He has no adult criminal record.

Other Charges

[56] Mr. Reid has these outstanding charges:

1. Fail to comply recognizance (no contact) – May 22-23, 2020. – Halton

2. Possession loaded firearm, unauthorized possession of a firearm, possession firearm knowing unauthorized, occupant motor vehicle with firearm, careless storage firearm, weapons dangerous, impaired operation, fail to comply recognizance (no weapons) – May 23, 2020 – Peel

3. Fail to comply recognizance (no contact) – October 18, 2019 – Guelph

4. Fail to comply undertaking (no contact), possession drugs (edible marijuana), drive motor vehicle with readily accessible cannabis – October 1, 2019 – Halton

5. Fail to comply undertaking (no contact) – August 8, 2018 – Halton

6. Domestic Assault – July 14, 2019 – Halton

LEGAL PRINCIPLES

[57] Mr. Reid is charged with first-degree murder. Pursuant to s.522 of the Code, this is a reverse onus situation. Therefore, Mr. Reid shall be detained in custody unless he demonstrates why his detention is not justified under s. 515 (10) of the Code.

[58] Mr. Reid must be released unless his detention is justified under three mutually exclusive grounds. Mr. Reid’s detention is justified where it is necessary: (1) to ensure that he attends court to answer to his charges (primary grounds); (2) to protect the public, including where there is a substantial likelihood that he would commit further offence(s) or interfere with the administration of justice (secondary grounds); or (3) to maintain confidence in the administration of justice (tertiary grounds): Code, ss. 515 (10)(a)-(c).

[59] The Crown objects to Mr. Reid’s release on the primary, secondary, and tertiary grounds. Due to Mr. Reid’s current medical condition, concerns on the primary and secondary grounds are largely speculative. The Crown’s main objection to release is based on the tertiary grounds.

[60] Factors to be considered in a tertiary ground analysis are enumerated in s. 515(10)(c) as follows:

a) The apparent strength of the prosecutor's case;

b) The gravity of the offence;

c) The circumstances surrounding the commission of the offence, including whether a firearm was used; and

d) The fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment.

[61] The four enumerated factors listed are not exhaustive. Each case is assessed in the context of its own circumstances and all other relevant factors must be considered. This approach accords with the right to reasonable bail guaranteed by s. 11(e) of the Canadian Charter of Rights and Freedoms: R. v. St. Cloud, 2015 SCC 27, at paras. 66-71.

[62] The lens through which a tertiary ground analysis is conducted is that of a reasonable person. The question the reasonable person must answer is whether, in all the circumstances, detention is necessary to maintain public confidence in the administration of justice. “Public” is defined as a well-informed, reasonable member of the public. This person is not a legal expert, but one familiar with the basics of the rule of law in Canada and with the fundamental values of Canada’s criminal law, including the protection granted by the Charter. This person is a thoughtful person, not a person prone to emotional reactions with inaccurate information of the circumstances of the case, nor one who disagrees with the fundamental values of Canadian society. In undertaking this analysis, courts should guard against influence by public reactions based solely on emotion and inaccurate knowledge of the circumstances of the case: R. v. St. Cloud, at paras. 79-82.

[63] Further elaboration of what a reasonable person would consider, appreciate, and understand is provided in this non-exhaustive list by Ducharme J. in R. v. A.B. (2006), 2006 CanLII 2765 (ON SC), 49 O.R. (3d) 35 (S.C.), at para. 19, as follows:

a. The importance of the presumption of innocence, the golden thread that runs through our system of criminal law and is guaranteed in section 11(d) of the Charter. She or he would understand that the presumption of innocence attaches to any person charged with a criminal offence and that it is not displaced until the Crown has satisfied an independent and impartial tribunal of the accused's guilt beyond a reasonable doubt. She or he would understand that the person seeking bail is only alleged to have committed an offence. The reasonable member of the public would expect to be presumed innocent if charged with a criminal offence and would want anyone else charged to be treated in a similar fashion. She or he would understand that pre-trial detention of a person who is merely accused of a criminal offence is inconsistent with the presumption of innocence and must therefore be justified with care;

b. The significance of the liberty of the subject and the constitutional guarantee of a right to bail in section 11(e) of the Charter. She or he would understand that s.11(e) leaves judges with only a strictly circumscribed discretion to refuse bail and that a denial of bail must be confined to a "narrow set of circumstances" related to the proper functioning of the bail system;

c. The granting of bail must be assessed on a case-by-case basis, and an accused person should be released if none of the grounds set out in s. 515(10) is satisfied. The reasonable person would understand that there are no offences for which bail is automatically prohibited and that persons charged with offences as serious as sexual assault and murder are often granted bail. Equally important, she or he would understand that the vast majority of those who are charged with criminal offences are granted bail and do not abscond or commit further offences while on release;

d. The actual nature of the allegations against the accused person, and the fact that these may or may not be proven at their eventual trial;

e. Pre-trial detention can last for many months before trial, a fact that can have a significantly adverse affect on the life of the accused person and her or his family – resulting, for example, in loss of employment or interruption of education. As Rosenberg J.A. observed in R. v. McDonald (1998), 1998 CanLII 13327 (ON CA), 127 C.C.C. (3d) 57 (Ont. C.A.) at 77, "to pretend that pre-sentence imprisonment does not occasion a severe deprivation and that it is not punitive would result in the triumph of form over substance." Indeed, as Arbour J. observed in R. v. Wust (2000), 2000 SCC 18, 143 C.C.C. (3d) 129 (S.C.C.) at 142, pre-sentence custody is often served “in harsher circumstances than the punishment will ultimately call for.”

f. The poor may be more likely to be detained than those accused persons with greater financial resources. The reasonable person would want all persons to be treated equally in terms of pre-trial release regardless of their socio-economic class;

g. Pre-trial detention can significantly complicate the ability of an accused person to prepare their defence. As discussed by Iacobucci J. in Hall at 470-1, this can lead to a number of undesirable results. Persons who are detained may, as a result, abandon their right to be tried and plead guilty. On the other hand, persons released on bail are more likely to be acquitted and, if convicted, they are more likely to receive lighter sentences. The reasonable person would not want the results of our criminal justice system to be skewed by pre-trial detention, a factor unrelated to demonstrated guilt;

h. In our system of justice, incarceration is imposed as punishment only after a person has been convicted of an offence and the sentencing judge has heard submissions as to the appropriate sentence in the circumstances. As Rosenberg J.A. put it in McDonald at 77, “In a free and democratic society accused persons are not denied bail to punish them before their guilt has been determined.” Therefore, to paraphrase Professor Friedland, the bail process must not be "subverted into a form of punishment before trial";

i. The personal circumstances of the accused person. That is, they would assess the propriety of the person's release in light of their antecedents and the support available to them from family, friends and the broader community; and

j. The terms imposed by the judge granting bail and how these are designed to prevent the accused from absconding or committing further crimes while awaiting trial. [Emphasis in original.]

THE PLAN

[64] The release plan is for Mr. Reid to reside with his mother Ms. Andrea Johnson. She will act as one of his sureties. She has pledged $25,000. She is prepared to care for and supervise him at all times. She is prepared to purchase all necessary equipment and make all necessary modifications to her residence to accommodate him. Ms. Johnson will work from home but may on occasion be required to work outside the home. Due to COVID-19, she has taken a leave from her job as a school bus driver and is self-employed as a hairdresser and as a financial planner.

[65] Ms. Andrea Nicholson is a family friend and a good friend of Mr. Reid. She is proposed as a co-surety. She is pledging $10,000. Ms. Nicholson and her young child have moved into the residence with Ms. Johnson. She recently switched her career from the retail industry and is starting a new business as a paralegal and will be working from home. The plan is to ensure that Ms. Nicholson and Ms. Johnson provide round-the-clock surveillance and care for Mr. Reid. Mr. Johnson and Ms. Reid have received training from medical specialists on how to care for Mr. Reid given his special needs.

[66] Ms. Martha Bennet is the third proposed surety. She pledges $15,000. She is a licenced paralegal. She is also a family friend. She lives 12 to 15 minutes away by car. She will also attend at the residence frequently and assist with the care and supervision of Mr. Reid.

[67] This plan is augmented by surveillance cameras, a logbook system for visitors, frequent cleaning, and sanitization to ensure ongoing surveillance, monitor who comes to visit Mr. Reid and protect Mr. Reid from COVID-19 infection.

POSITION OF THE PARTIES

Mr. Reid

[68] Mr. Reid submits that the plan is stringent. The proposed sureties are excellent. Due to his medical condition he cannot get out of his bed or care for himself and, therefore, there are no primary or secondary ground concerns. The case against him is not as strong as it seems. There are viable constitutional challenges as well as a defence on the merits. The release plan is excellent. The correctional institution will be unable to provide the care needed to protect him from a COVID-19 infection. He will be more vulnerable to such infection in custody and due to his medical condition. There have been threats to harm him in custody. His detention will adversely hamper his ability to prepare a defence due to lack of privacy. His medical condition creates compassionate grounds favouring his release. Thus, his release is warranted on primary, secondary, and tertiary grounds.

The Crown

[69] The Crown submits that there are concerns on the primary, secondary, and tertiary grounds. Mr. Reid’s antecedents demonstrate a completely disregard for court orders. He is facing several allegations of breaching court orders, and the present allegations include the use of a firearm to commit murder despite being subject to a firearms prohibition and facing an outstanding firearms charge.

[70] The primary and secondary grounds concerns are minimised due to Mr. Reid’s current medical condition. However, his medical condition continues to improve with his prognosis unclear. Should his condition improve, the sureties are ill-equipped to control him.

[71] Mr. Reid does not listen to Ms. Johnson. Mr. Reid’s persistent breaches alleged to have occurred under her supervision are evidence of this. Ms. Nicholson will be ineffective because she is his peer and good friend. She will be unable to control him, should his condition improve such as to restore his ability to be functionally mobile without assistance. Ms. Bennet does not live in the residence and will be unable to provide the type of round-the clock-supervision Mr. Reid will require.

[72] On the tertiary ground, the Crown submits she has a very strong case. The proposed sureties are inadequate. There is no evidence that the correctional institution cannot carry out their responsibility to care for and monitor Mr. Reid. Mr. Reid has shown a wanton disregard for court orders, resulting in the murder of Ms. Henderson-Bellman. Media coverage of this case has painted a disparaging picture of the justice systems ability to protect Ms. Henderson-Bellman from violence at the hands of her partner, Mr. Reid. For all these reasons, Mr. Reid’s release will shake the public’s confidence in the administration of justice.

ANALYSIS

Primary and secondary grounds

[73] Mr. Reid is presumed innocent of all the current and outstanding charges. Notwithstanding that, there is strong evidence to suggest that his compliance record with court orders is quite egregious. Given Mr. Reid’s previous bail compliance record, absent his current medical condition, his detention would be justified on both the primary and secondary grounds.

[74] While Mr. Reid’s prognosis is unknown, the fact is that he has significantly improved. It is possible that his medical condition may improve in the several months before his trial, so as to restore primary and secondary ground concerns. However, in the absence of definitive medical evidence such a conclusion is speculative and does not form part of my analysis.

[75] Considering current and outstanding charges, he is alleged to have breached the terms of his release six times. Each time, his mother was either the only surety or a co-surety. The alleged breach leading to Ms. Henderson- Bellman occurred because Ms. Johnson failed to implement two crucial components of Mr. Reid’s bail release plan: (1) she forgot to turn on the alarm as she left the home on July 28, 2020, and (2) she left the home even though her co-surety Ms. Peart was not home. Ms. Johnson explained that Ms. Peart was en route. In effect, past performance leads me to conclude that Ms. Johnson loves her son dearly, which is very reasonable, but she cannot control Mr. Reid and cannot be relied on to strictly follow the plan proposed.

[76] Ms. Nicholson is Mr. Reid’s childhood friend and peer. She is not an authority figure in relation to Mr. Reid. Mr. Reid is bedridden but still possesses a strong will. Despite his injuries, he was quite clear to counsel on how he wished to participate in these bail proceedings. His injuries have not robbed him of the ability to communicate his likes and dislikes.

[77] Always bearing in mind the presumption of innocence, there is strong, unspeculative evidence that he was persistent in contacting and associating with Ms. Henderson-Bellman despite court orders prohibiting such contact. The allegations reveal no less than six violations of bail conditions. Unfortunately, Ms. Henderson-Bellman is deceased. This does not minimize the concerns, the current allegations place Mr. Reid in possession of a firearm despite a bail condition prohibiting such conduct. I am not satisfied that either Ms. Johnson or Ms. Nicholson will be able to refuse demands from Mr. Reid that are inconsistent with the conditions of his release. This raises some secondary ground concerns.

[78] Previously, Ms. Bennet did not hesitate to report her daughter and her boyfriend to the police when she discovered a firearm in the room they were occupying. I am satisfied that her no-nonsense attitude makes her a good match for Mr. Reid; however, she lives 15 minutes away and works as a licensed paralegal. She will not be able to provide the round the clock supervision required. Even if she had assured me that she could, it is unreasonable to expect her to carry out such intensive supervision without reliance on Ms. Johnson and Ms. Nicholson, who I have found to be unsuitable.

[79] Mr. Reid is alleged to have tried to commit suicide. Thus, in addition to his medical needs, this is another reason why he requires round-the-clock supervision. I do not have confidence that Mr. Reid cannot manipulate Ms. Johnson and Ms. Reid into inadvertently providing him with something which he can harm himself. For reasons previously articulated, all three sureties are unsuitable. This conclusion renders the proposed supervision plan weak. This circumstance raises some valid secondary ground concerns favouring detention.

Tertiary grounds

[80] All four of the enumerated tertiary ground factors are answered in the affirmative and justify Mr. Reid’s detention. In assessing the strength of the Crown’s case, caution is required. The Crown’s case may or may not get stronger over time. Care must be exercised in engaging in speculation as to whether the Crown’s case will get stronger or weaker over time. The controlling period in the tertiary ground analysis is a consideration of strengths and weaknesses of the Crown’s case at the time of the bail hearing.

[81] The Crown’s case is strong. Mr. Reid has pointed out that Ms. Henderson-Reid came to him and that, when she did, he had a large bag. In effect, Mr. Reid invited the court to speculate on what may of may not have been in the bag. He asserts that he will challenge the constitutionality of the searches in applicable outstanding charges.

[82] I have previously described the nature of the Crown’s case, within the context of the presumption of innocence, the state of the Crown’s case at this time is very strong. Evidence of planning and deliberation is strong. Overall, the evidence can be described as overwhelming. A firearm was used. Mr. Reid faces a life sentence with no possibility of parole for 25 years if he is convicted.

[83] Text and phone messages indicate persistent efforts by Mr. Reid to have Ms. Henderson-Bellman visit him the day before the alleged murder, including a text message on July 28, 2021. Ms. Henderson-Bellman first left the residence on that fateful evening and then returned after receiving a text from him assuring her that it was not his intention to hurt her. The circumstances of the offence are aggravating and also reflect the complexities of intimate partner violence.

[84] Mr. Reid has been in hospital since July 28, 2020. He was scheduled to be discharged on March 9, 2021. He remains in hospital until the correctional institution obtained all the necessary equipment he needs for his care. That process has been completed and he is ready to be moved from hospital to the institution. There is no basis to conclude that he will be part of the general population or that the correctional institution will be unable to satisfy his medical and other needs.

[85] Within the context of the special arrangements required for his care, it is reasonable to conclude that, by virtue of his medical condition, he will not be placed in the general population and he will not be deprived of effective COVID-19 prevention strategies and protocols.

[86] In addition, the ongoing vaccination of inmates and staff in the correctional institution is a notorious fact of which I take judicial notice. This fact, together with the special precautions the correctional institution will have to take, lead me to conclude that, despite his medical condition, Mr. Reid will not be exposed to a higher rate COVID-19 infection vis-á-vis care in the community.

[87] Considering Mr. Reid’s medical condition, it reasonable for an informed, reasonable member of the public to expect the correctional institution to implement measures and procedures that will keep Mr. Reid safe and provide him with meaningful opportunities to prepare full answer and defence to the charges. These include protecting him form any threats against his life and conducting professional and appropriate suicide watches as required.

[88] Finally, there is Mr. Reid’s very poor bail compliance record of six outstanding allegations of breach of bail conditions. For all these reasons, a reasonable member of the public will conclude that Mr. Reid’s detention is justified under the tertiary grounds

[89] It will certainly be appropriate to review this decision should the correctional institution fail to carry out its obligations.

[90] Application for bail is dismissed. Mr Reid shall be detained in custody pending the final resolution of the outstanding charges.

[91] The circumstances surrounding these allegations illustrate a circumstance where justice and treatment intersect, this time for both accused and the complainant. Such a circumstance demonstrates the importance of courts adopting a problem-solving approach, as described in R. v. Briscoe, 2019 ONSC 2471, at paras. 29-39. It is imperative for government, private sector and courts to develop innovative and effective multidisciplinary partnerships and approaches to tackle the complexities of intimate partner violence. By creating and implementing effective prevention, accountability, and rehabilitative strategies, these issues can be addressed before such violence becomes a criminal justice problem, while it is a criminal justice problem, and after the criminal justice system has run its course, regardless of outcome”.

Barnes J.

Released: March 24, 2021

COURT FILE NO.: CR-21-0000711-00BR

DATE: 2021 03 24

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

HER MAJESTY THE QUEEN

• and -

DARNELL REID

REASONS FOR DECISION

Barnes J.

Released: March 24, 2021