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Bail review dismissed; Crown failed to justify detention despite jurisdictional error.
The Crown applied under s. 521 of the Criminal Code for a review of a release order granted after a justice of the peace reversed an earlier detention decision during the same bail hearing.
The Crown argued the justice committed a jurisdictional error by reversing the detention ruling without giving the Crown an opportunity to make submissions and by accepting unsworn statements from the accused.
The reviewing judge found that the failure to allow the Crown to respond constituted a jurisdictional error warranting review.
Although new medical evidence regarding the complainant’s injuries was admissible, the court held that the Crown had not established just cause to detain the accused.
The existing recognizance with strict conditions remained in effect.
Mandatory three‑year minimum imposed for unauthorized firearm transfer.
Sentencing decision following conviction for transferring a firearm without authorization contrary to s. 99(1) of the Criminal Code.
The court determined that the applicable minimum sentence was three years under s. 99(2), rejecting the defence argument that the one‑year minimum under s. 99(3) applied.
Although the offence involved no violence and the firearm was quickly recovered by police, the accused had a lengthy criminal record.
The court declined to apply Gladue principles due to insufficient evidence establishing Indigenous identity or a connection between background factors and the offence.
The accused received the mandatory minimum sentence with enhanced credit for difficult pre‑sentence custody conditions.
