Second degree murder charge. Accused was denied bail in the Court of Queen’s Bench. Application pursuant to s. 680 CC for a review of the denial of bail by a panel of the Court of Appeal.

Held: Application granted.

The test for leave is low, requiring either “arguable merit” or “some hope or prospect of success”. Defence argued that new evidence on the review would show that the Crown is unable to prove causation of death. “Given that the rules of evidence, including those applicable to the admission of new evidence, are more relaxed on applications regarding judicial interim release … I am satisfied the grounds are sufficient to meet the low threshold.”

D. Sims – Defence Counsel