R. v. Dykens

R. v. Dykens

The court found the victim's present expressed consent and related evidence satisfied the Palmer test as a material and relevant change in circumstances; applying St-Cloud/Antic/Zora principles the court concluded that narrowly tailored amended conditions (express consent to communicate and contact, and presence of...

Source-derived case information.

Citation
2021 NSSC 189
Parties
Crown: Her Majesty the Queen; Accused: Coleman Patrick Dykens
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 June 2021
Procedural Posture
Criminal Assault Causing Bodily Harm / Bail Review (section 520 Criminal Code)
Outcome
Application allowed; original Release Order vacated and new Release Order issued with amended contact and communication conditions
Legal Topics
Bail Conditions Modification, Contact Restrictions, Palmer New Evidence Test, Ladder Principle (least Onerous Conditions), Standard of Review for Bail Review
Source Language
english
Criminal Law Bail and Interim Release Domestic Violence Bail Conditions Modification Contact Restrictions Palmer New Evidence Test Ladder Principle (least Onerous Conditions) Standard of Review for Bail Review

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Parties

Her Majesty the Queen

Crown

Coleman Patrick Dykens

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm / Bail Review (section 520 Criminal Code)

Legal Issues

  1. 1 Whether the Release Order condition prohibiting direct or indirect contact with the alleged victim should be amended to permit contact with the victim's expressed consent
  2. 2 Whether the evidence before the court constitutes new evidence or a material and relevant change in circumstances under s.520 and the Palmer test
  3. 3 Whether amended conditions are necessary, reasonable, sufficiently linked to statutory risks and the least onerous means to address those risks

Ratio Decidendi

The court found the victim's present expressed consent and related evidence satisfied the Palmer test as a material and relevant change in circumstances; applying St-Cloud/Antic/Zora principles the court concluded that narrowly tailored amended conditions (express consent to communicate and contact, and presence of an agreed third person) are necessary, reasonable, sufficiently linked to statutory risks and are the fewest and least onerous conditions required; accordingly the original Release Order was vacated and a new Release Order with amended contact conditions was made.

Court Disposition

Application allowed; original Release Order vacated and new Release Order issued with amended contact and communication conditions

Orders

  • Release Order issued by the JOP is vacated
  • New Release Order to contain all same conditions except as amended