Second degree murder charge. Aboriginal accused with no record alleged to have caused the death of her child. Queen’s Bench judge originally denied release on the tertiary ground. Application to review the denial of bail.

Held: Bail granted.

“The offence is undeniably grave; however, there are questions raised from the interviews with the children, the child welfare records, and from the medical evidence that must be considered against the accused’s right to be presumed innocent … and her constitutional right not to be denied bail without just cause: R. v. Hall [2002] 3 SCR 309 … In our opinion, an informed member of the public, understanding that an accused person is presumed innocent until proven guilty and has a Charter right to reasonable bail, would understand why this accused … would be released on appropriate conditions.”

P. Royal – Defence Counsel