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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.
Bail review under s. 521 of the Criminal Code. The Supreme Court of British Columbia set aside judicial interim release and ordered Mr. Cuddeford detained.
The court upheld detention on a s. 525 review, finding a strong Crown case, serious firearm allegations, and an inadequate release plan.
Because the contested application of s. 276 to these charges gives rise to a realistic prospect of success on appeal and the applicant's release plan and sureties have solidified, the motion judge found the material change removes the justification for continued detention on the tertiary ground and ordered release pending appeal subject to strict conditions including house arrest and electronic surveillance.
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The Supreme Court of British Columbia granted Alvin Randhawa judicial interim release in extradition proceedings, subject to strict conditions including surety, residence, reporting, and travel limits.
The Court of Appeal for British Columbia upheld pre-trial detention of a youth charged with first degree murder, finding exceptional circumstances justified detention to maintain confidence in the administration of justice.
The application for review of the detention order was dismissed because the tertiary ground under s.515(10)(c) was satisfied: there was a strong circumstantial case, the offence was planned and egregious, the applicant had prior threats and was on probation, and the combination of factors made detention necessary to maintain confidence in the administration of justice; there was no realistic likelihood a panel would overturn the detention order.
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Bail was denied to Huong Dac Doan in a kidnapping and extortion prosecution. The court found detention justified on the secondary and tertiary grounds.
The court denied See Chun Lee’s bail application, holding that new testimony from a former co-accused did not materially weaken the Crown’s case or undo the tertiary ground for detention.
The application for review was dismissed because the applicant failed to show a reviewable error by LaForme J.; the bail judge had acknowledged and applied the reverse onus, and on the facts—prior releases on related charges, substantial sureties, imminent domestic trials and strict conditions—LaForme J. reasonably concluded the respondent did not pose a significant flight risk and that the extradition request did not provide a sufficient additional ground for detention, nor did international obligation grounds justify detention.
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