R. v. Swinamer

R. v. Swinamer

The general presence of COVID-19 in the jurisdiction does not by itself establish an emergency justifying an immediate Section 520 bail review; an applicant must demonstrate personal, present or imminent peril that is distinct and sufficiently serious to merit urgent judicial intervention under the court's essential...

Source-derived case information.

Citation
2020 NSSC 133
Parties
Crown/prosecution: Her Majesty the Queen; Accused: Scott Swinamer
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 April 2020
Procedural Posture
Criminal Bail Review Application / Pre Trial Application for Emergency Bail Review Denied
Outcome
Application for an emergency bail review under s.520 Criminal Code denied
Legal Topics
Bail, Section 520 Criminal Code, State of Emergency, COVID 19, Urgency/emergency Proceedings, Judicial Notice
Source Language
english
Criminal Law Procedural Law Public Health Law Constitutional Law Bail Section 520 Criminal Code State of Emergency COVID 19 +2 more

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown/prosecution

Scott Swinamer

Accused

Procedural Posture

Criminal Bail Review Application / Pre Trial Application for Emergency Bail Review Denied

Legal Issues

  1. 1 Whether a request for a Section 520 bail review qualifies as an emergency under the court's essential services model
  2. 2 Whether the presence of COVID-19 in the province alone creates an emergency justifying immediate bail review for an individual in custody
  3. 3 Whether the applicant demonstrated personal, imminent peril distinct from the general public health risk

Ratio Decidendi

The general presence of COVID-19 in the jurisdiction does not by itself establish an emergency justifying an immediate Section 520 bail review; an applicant must demonstrate personal, present or imminent peril that is distinct and sufficiently serious to merit urgent judicial intervention under the court's essential services model.

Court Disposition

Application for an emergency bail review under s.520 Criminal Code denied

Orders

  • Emergency bail review application under s.520 Criminal Code denied
  • Applicant may reapply in the future if he can demonstrate a personal, imminent emergency warranting urgent review