Case information

Criminal law — Judicial interim release — Court of Appeal allows application for review of a denial of judicial interim release and orders release of accused on bail with terms — Whether Court of Appeal erred by requiring an overwhelming case against the accused — Whether Court of Appeal erred with respect to how to assess the strength of the Crown’s case — Whether bail hearing judge failed to consider the release plan when assessing whether detention was required to ensure public confidence in administration of justice — Deference due to bail hearing judge’s balancing of factors — Whether jurisprudence conflicts?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

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Mr. Drake was arrested, charged and denied judicial interim release on bail. The judge presiding over the judicial interim release hearing considered detention was not necessary to ensure attendance in court or for the protection or safety of the public but was necessary to maintain confidence in the administration of justice. A majority of the Court of Appeal allowed an application for review and ordered judicial interim release on bail with terms.