Application pursuant to s 680 CC seeking a review by a full panel of the Court of Appeal of a denial of judicial interim release pending appeal. Accused was convicted of trafficking in cocaine. Main issue at trial related to the admissibility of intercepted communications.
Held: Application denied.
As per Oland, 2017 SCC 17, s 680 CC requires the following: (1) demonstration of palpable and overriding error; (2) demonstration of an error in law or principle, and that error was material to the outcome of the original bail application; or (3) absent a legal error, a review panel may substitute its decision for that of the original judge “where it concludes that the decision was clearly unwarranted”. Test not met.
H. Patey – Defence Counsel