Stribopoulos

The applicant, an 18-year-old with no criminal record, sought a review of a detention order following his arrest for a gunpoint carjacking and firearms offences.

The reviewing judge admitted fresh evidence consisting of a more stringent release plan involving GPS monitoring and new disclosure weakening the Crown's case on the most serious charges.

The court found that the applicant's detention was not necessary to maintain confidence in the administration of justice under the tertiary ground and ordered his release on strict conditions, including house arrest and GPS monitoring.

The accused, charged with sexual assault and human trafficking offences, sought disclosure of police occurrence reports and statements related to four prior incidents the Crown intended to introduce as similar-fact evidence.

The Crown argued the materials were 'records' under s. 278.1 of the Criminal Code, requiring the accused to bring a production application under s. 278.3.

The court held that because the Crown intended to use the evidence as part of its case, it was constitutionally obligated under Stinchcombe to disclose the materials without requiring a production application.

The accused, charged with four robberies, brought a pre-trial application to exclude text messages recovered from his cellphone.

The texts, exchanged with a co-perpetrator, discussed obtaining a vehicle and committing robberies.

The accused argued the texts were more prejudicial than probative, particularly one referencing a plan to rob a bank.

The court dismissed the application, finding the texts highly probative of identity and lacking any improper prejudicial effect.

Certain texts referencing uncharged drug offences were redacted on consent.