R. v. Riley

R. v. Riley

Because the Crown consented to the hearing and a material change in circumstances was established by the disclosure-caused trial delay and the applicant's compliance and employment, limited variations to the house arrest were justified; however the secondary and tertiary grounds still supported retention of GPS monitoring for deterrence and security, so the court permitted narrowly defined unsupervised attendance for work and limited personal leave but retained all other original conditions including GPS monitoring.

Citation
2022 NSSC 227
Parties
Crown: Her Majesty the Queen; Accused: Randy Desmond Riley
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 June 2022
Procedural Posture
Criminal Murder; Bail Variation / Variation of Release Order While Awaiting Retrial (pre Trial)
Outcome
Application partially granted: release order varied to permit limited unsupervised attendance at specified Dalhousie buildings for work and limited weekly personal leave; GPS ankle bracelet monitoring and house arrest otherwise retained.
Legal Topics
Variation of Release Order, Section 523 Criminal Code Jurisdiction, GPS Monitoring, House Arrest Vs Curfew, Witness Protection and Disclosure Delays, Material Change in Circumstances
Source Language
English
Criminal Law Bail/release Conditions Evidence/disclosure Variation of Release Order Section 523 Criminal Code Jurisdiction GPS Monitoring House Arrest Vs Curfew Witness Protection and Disclosure Delays +1 more

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Parties

Her Majesty the Queen

Crown

Randy Desmond Riley

Accused

Procedural Posture

Criminal Murder; Bail Variation / Variation of Release Order While Awaiting Retrial (pre Trial)

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting variation of the release order
  2. 2 Whether the court has jurisdiction to hear the variation application given the s.523(2) framework
  3. 3 Whether GPS ankle bracelet monitoring should be removed

Ratio Decidendi

Because the Crown consented to the hearing and a material change in circumstances was established by the disclosure-caused trial delay and the applicant's compliance and employment, limited variations to the house arrest were justified; however the secondary and tertiary grounds still supported retention of GPS monitoring for deterrence and security, so the court permitted narrowly defined unsupervised attendance for work and limited personal leave but retained all other original conditions including GPS monitoring.

Court Disposition

Application partially granted: release order varied to permit limited unsupervised attendance at specified Dalhousie buildings for work and limited weekly personal leave; GPS ankle bracelet monitoring and house arrest otherwise retained.

Orders

  • Release order varied to permit the accused to attend specified Dalhousie University buildings for work without a surety between 11:30 a.m. and 4:30 p.m. on Tuesdays and Thursdays, travel via most direct route.
  • Release order varied to permit the accused to attend to personal needs without a surety between 12:00 p.m. and 4:00 p.m. on Saturdays, travel via most direct route.