Elliot Lake man accused in home invasion released from jail in wake of mandatory detention ruling

In the wake of a recent Supreme Court of Canada decision on mandatory detention reviews for accused persons, an Elliot Lake man was released from custody Wednesday.

Superior Court Justice Edward Gareau agreed to bail for the 25-year-old, who faces charges stemming from alleged incidents last summer in that city.

Alexandre Ethier is charged with alleged counts connected to a home invasion and a gas station robbery in August.

He had been in custody since his arrest 11 months ago, and his lawyer Jennifer Tremblay-Hall brought an application for a review that was scheduled to be heard on Wednesday.

When Ethier appeared in court, prosecutor David Didiodato indicated the Crown was consenting to his release and the hearing didn't go ahead.

The judge commended the assistant Crown attorney for doing the right thing, after also noting Tremblay-Hall's well-written, persuasive submission.

In her submission to the court, the defence indicated a justice of the peace had denied her client bail in December.

On March 29 of this year, Superior Court Justice Michael Varpio confirmed the detention order.

Tremblay-Hall indicated Ethier was eligible for a review, under the Criminal Code of Canada, on March 17, but neither the jail nor court notified his lawyer of that until May 6.

At that time, the defence immediately sought a review, but because Ethier had one on March 27, he was required to wait a further 90 days for the hearing that was to take place this week, she said.

On March 28, the Supreme Court ruled that making an accused person remain in custody prior to trial should be an exception, not a rule.

The Myers decision affirmed a legal safeguard intended to ensure speedy justice, The Canadian Press reported at the time.

In a 9-0 ruling, the high court declared that people accused of crimes are automatically entitled to a review of their detention order under provisions of the Criminal Code.

At issue was section 525 of the code, which outlines procedures for detention review hearings, aimed at preventing accused people from languishing in jail before trial, CP said.

The decision, written by Chief Justice Richard Wagner, said the right to liberty and presumption of innocence, are fundamental tenets of the criminal justice system.

Ethier was released on conditions, that include his attendance at a treatment centre.

Gareau also issued a directive to the Centre of Forensic Sciences to provide disclosure of testing results, requested by the Crown, to the defence by July 27.

The matter returns to court July 31.

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