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On a s. 520 review, the court varied pre-trial release terms, ordering a $1,000 surety and adult accompaniment in the townhouse complex while rejecting proposed publication or notification conditions.
Crown did not prove on a balance of probabilities that Garnier knowingly and voluntarily contravened the substantive conditions of his recognizance; the mere laying of s.145(3) informations is not determinative under s.524(4)(b) and where the alleged indictable offence is essentially a breach of recognizance the court must apply s.524(4)(a); accordingly the recognizance was not revoked and the accused was released on existing bail conditions.
Source excerpt
The Court of Appeal for British Columbia dismissed Michael Donald Ling’s application for judicial interim release pending appeal, finding detention necessary in the public interest.
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