R v BS – 2007 OJ No 3046 (ONCA – Winkler):

[1] W.K. WINKLER C.J.O.:– This is an application brought under s. 680 of the Criminal Code of Canada seeking an order directing that a panel of this court review the detention order made by Justice Milanetti on December 6, 2006, denying the interim release of the applicant pending his trial on a charge of first-degree murder.

[2] On September 17, 2002 J.L. was killed. The applicant and three others were arrested on or about July 14, 2006 and charged with first degree murder. The applicant’s bail hearing commenced on November 6, 2006 continued over four days, concluding on December 6, 2006.
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[6] Several substantial sureties, in the form of family members and the employer of the applicant, were proffered as part of a release plan. While the judge found that they were honest and law abiding citizens, she also concluded that they had been unable or unwilling to exercise any realistic level of control over the applicant for many years. Hence she was not satisfied that their involvement in the release plan would properly address the secondary ground. The justice carefully considered all of the evidence touching on the secondary ground. Her reasons disclose no arguable error in applying the law to the facts. I am satisfied that there is no realistic likelihood that a panel of this court would find that she erred in her assessment of the evidence and law in relation to the secondary ground.