The Ontario Court of Appeal granted Balwinder Garcha release pending appeal, finding a serious issue on the appeal and giving limited weight to outstanding breach allegations.
The motion judge erred in law by treating a typographical reference to the wrong statutory subsection as rendering the release order a nullity; the order was valid and binding because it clearly released the respondent pending a new trial and the error was a slip; the respondent breached the order by being in the company of a child under 16; the Crown's application to revoke was granted, the release order revoked, and the respondent detained pending a show cause hearing.
The court found the accused breached his release order by being at Park Royal, cancelled the order, and detained him on secondary and tertiary grounds pending trial.
Applicant satisfied s.679(3)(a) and (b) but failed s.679(3)(c) because lingering public safety and public confidence concerns persisted due to the April 2020 fentanyl-related conduct and flagrant breaches of prior bail conditions; the stay of the 2018 charges and potential Charter issue were not material to displace those concerns, therefore bail pending appeal was denied.
The appeal was dismissed as abandoned after the appellant breached bail conditions and had outstanding warrants, leading the Court to find he repudiated its jurisdiction.
Section 522 review of a detention order dismissed. The court held there was no reviewable error or material change in circumstances to justify release.
The Court of Appeal refused to direct review of a bail refusal, holding there was no reasonable prospect of success because the appellant had repeatedly breached bail and tried to influence witnesses.
The British Columbia Court of Appeal found Patrick Campion breached release conditions by leaving the province and refusing to surrender travel documents, and denied further bail.