Court of Queen ’ s Bench of Alberta Citation: R. v. Milligan, 2010 ABQB 303 Date: 20100505 Docket: 090947367U1 Registry: Edmonton Between: Her Majesty the Queen Crown - and - Michael Jacob Milligan Accused _______________________________________________________ Endorsement of the Honourable Madam Justice J.B. Veit _______________________________________________________ [ 1 ] Mr.

Milligan applies to vary the daily, in-person, reporting condition of his current bail order; he argues that he is handicapped, that he depends on others for transportation to the reporting office because there is no public transportation where he is currently residing, and that the objective of the original bail order can be achieved with a less onerous reporting condition. [ 2 ] The application for bail review is denied: the bail judge made no error in imposing strict reporting conditions where, as here, the accused has no ties to Alberta, and has a relatively substantial and relatively recent record.

Section 515(2)(

e) of the C.C.C. emphasizes the legitimacy of the concerns relative to the residence. It is doubtless true, as the applicant suggests, that – in the circumstances here – “if he were to fail to appear, [the Crown] would again be prepared to extend the warrant to bring him back”, and that the accused would come “without incident.” However, as the bail judge impliedly found, the state should not be put to that type of expense and effort unnecessarily. The conditions were crafted with this argument in mind.

[ 3 ] Nothing has changed since the original application. [ 4 ] In the absence of error or material new circumstances, there is no basis for this court to interfere with the original order. Heard on the 4 th day of May, 2010. Dated at the City of Edmonton, Alberta this 4 th day of May, 2010. “ J.B. Veit” J.B. Veit J.C.Q.B.A. Appearances: John Hnidan, Crown Prosecutor's Office for Crown Kent Teskey, Royal Teskey for Accused