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The Court of Appeal for Ontario dismissed Matthew Lucas’s appeal and upheld the Review Board’s decision to continue detention, finding the disposition reasonable and supported by evidence.
La Cour fédérale accueille une requête en radiation et radie la demande de contrôle judiciaire de Richard Gravel comme prématurée, avec dépens.
La Cour fédérale accueille partiellement le contrôle judiciaire : elle annule la condition spéciale « déclarer relations », mais rejette le reste de la demande.
The appeal is allowed in part: the Board did not err in making a detention order given the joint submission and evidence of significant threat, but the condition limiting approvable accommodation to 'supervised' facilities was unsupported and must be removed, and the requirement that hospital consent be required for contact with the appellant's mother was unsupported and must be removed; other aspects of the disposition are upheld.
Source excerpt
The appeal is dismissed because the appellant through counsel indicated at the ORB hearing that continuation of the existing conditional discharge would be the appropriate disposition if the ORB found the appellant remained a significant threat, making a later challenge to the conditions untimely and unfair; additionally, the court lacks jurisdiction to overturn an NCRMD finding by motion in this appeal, and the Notices of Motion had no merit.
Source excerpt
Judicial review of an Immigration Division decision varying release conditions was dismissed. The Court found any misreading of Li was not central enough to overturn the decision.
The court accepted the consent-release plan negotiated by Crown and defence because none of the proposed conditions raised red flags; the bail judge is not required to undertake a detailed, line-by-line inquiry into agreed terms absent obvious problems, and therefore released the accused on the terms provided by counsel (including a justified keep-the-peace condition).
Source excerpt
Leave to appeal from sentence was granted and Angela Davidson was released pending appeal on a $1,000 promise to pay, subject to agreed conditions.
The court released Mr. Merkley into a residential treatment program on strict conditions, finding continued detention was not justified on the evidence before it.
On a detention review, the court held that Dias could be released on strict conditions, including two sureties and electronic monitoring, but remained in custody pending an electronic-monitoring suitability report.
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