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The court held that Stewart Wayne Tkachuk had absconded and allowed the criminal trial to continue in his absence under s. 475 of the Criminal Code.
The British Columbia Court of Appeal granted leave and allowed this probation-condition appeal in part, striking two coercive search conditions and varying three others.
The Court dismissed the review because the extradition/bail judge did not err in principle: he properly considered flight risk using established factors, imposed detailed surety-based supervision and electronic monitoring tailored to minimize flight risk, and did not improperly delegate authority or order specific police action; minor clarifications to release terms were ordered.
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