R v Monaghan, 2021 ABQB 809

Court of Queen’s Bench of Alberta Citation: R v Monaghan, 2021 ABQB 809 Date: 20211012 Docket: 201003043U2 Registry: Calgary Between: Her Majesty the Queen Crown - and - Jesse Edward Monaghan Accused _______________________________________________________ Reasons for Decision of the Honourable Madam Justice M.H. Hollins _______________________________________________________ [ 1 ] The accused applies under s.520(1) of the Criminal Code for a review of the denial of his bail, first by Judge Tolppanen of the Provincial Court on May 10, 2021 and then again by Neufeld, J of this Court on August 16, 2021.

I agreed that release was warranted and granted his release on conditions, with my reasons to follow. These are those reasons. [ 2 ] There are two active Informations sworn against the accused; one (ending in 643P1) involves a number of drug and flight from police charges against the accused and another co-accused. That matter went to a preliminary hearing last month, after which a number of the charges were stayed by the Crown. The other (ending in 043P1) involves a number of drug and firearms charges and is scheduled for trial in approximately 2 months from now.

[ 3 ] The accused was originally released on the first charges on a $5,000 promise to pay but was later found in breach of his release conditions and that bail was revoked. He was then denied bail based on the secondary ground only ( s.515(10) (

b) of the Criminal Code ), namely that his detention was necessary for the safety of the public. [ 4 ] The accused applied for review and cited his change in circumstances as the availability of or willingness to use a GPS ankle monitor during house arrest. Justice Neufeld found no change in circumstances and dismissed the application for review. [ 5 ] Quite simply, there are two things that have changed since Justice Neufeld’s review in August.

The first is that the preliminary hearing resulted in a stay of proceedings on 9 of 19 counts on Information ending 643P1, many of them the more serious charges against the accused. His jeopardy has been materially altered. [ 6 ] Secondly, at the time of Justice Neufeld’s review, the accused hoped to be admitted to a drug treatment program at The Dream House in Calgary but there was no availability until weeks later and even then, his admittance sounded somewhat tentative.

As many of the accused’s charges seem to stem from his own admitted drug addiction, Justice Neufeld expressly noted that if his application on review had been focussed on short term drug addiction treatment, he “would likely have taken a different view”. He encouraged the defence and Crown counsel to discuss consensual conditions if that situation changed. [ 7 ] Now it has changed. The Dream House has a bed for the accused on October 8, 2021. We were able to bridge the time between this review and his admittance so that he was fitted with his GPS ankle monitor and released directly to that treatment program.

After completion of the first phase, he may be eligible for continued assistance, all of which leaves very little time between his release to live with his mother and his trial. [ 8 ] I am satisfied that there has been a material change in the circumstances of this accused and that his continued detention is no longer justified under s.515(10) of the Criminal Code . The accused’s application for interim release is granted. The conditions of his release are set out in the Order signed on October 6, 2021. Heard on the 6 th day of October, 2021. Dated at the City of Calgary, Alberta this 12 th day of October, 2021.

M.H. Hollins J.C.Q.B.A. Appearances: Sonya Bertrand for William Tran for the Crown Kirsten Lancee for the Accused