The accused brought a bail review under s. 520 of the Criminal Code after a preliminary inquiry judge revoked a prior release order under s. 523(2)(b).
The revocation was based on a modest increase in the strength of the Crown’s identification evidence and two new convictions that had been outstanding at the time of the original bail hearing.
The court held that s. 523(2)(b) does not authorize a de novo bail hearing and requires proof of a substantial or material change in circumstances.
The identified developments did not constitute a sufficient change to justify revoking bail.
The revocation order was vacated and the accused was ordered released on stricter bail with additional sureties and conditions.
