The accused applied for a bail review under s. 520 of the Criminal Code to vacate a detention order made by a Justice of the Peace following alleged breaches of a prior release.
The accused argued the Justice of the Peace erred in law regarding the presumption of innocence and that the detention was clearly inappropriate.
The Superior Court found no error of law but concluded the detention was clearly inappropriate because the Justice of the Peace gave insufficient weight to the accused's proposed release plan.
The plan to reside in a supportive housing facility in a different city, combined with the remote fly-in nature of the victim's community, adequately addressed secondary ground concerns.
The detention order was vacated and the accused was released on strict conditions.
