CORNER BROOK, N.L. — A South Korean woman allegedly involved in the distribution and sale of cannabis was denied bail during a hearing conducted via teleconference from Corner Brook and St. John’s on Thursday.
And the flexibility in the way the hearing was handled had the judge saying that more cases could be heard during the COVID-19 pandemic.
In his written decision, Judge Wayne Gorman said Hye Young Jeon’s release would endanger the public and cause it to lose confidence in the administration of justice. Jeon was in Canada under a student visa, however, it’s alleged she never attended school in the country and she failed to advise the Canada Border Service Agency of that.
Between Nov. 21, 2019 and Feb. 26, 2020, it’s alleged she flew from British Columbia to St. John’s for the purpose of distributing cannabis. Many of the flights were alleged to be short turn-around trips with her leaving Vancouver with two suitcases and returning with less luggage.
Jeon, 36, was arrested at the airport in St. John’s on Feb. 26. At the time, she had $78,000 in Canadian currency contained in vacuum-sealed bags in her possession. She was charged with possession of cannabis for the purpose of distributing, distributing and/or selling illicit cannabis, possession of property obtained by crime and laundering the proceeds of crime.
Gorman’s decision includes a consideration of whether or not the COVID-19 pandemic has changed the manner in which the Criminal Code section on justification for detention in custody is to be applied. He concluded it has not.
“The pandemic is not a stand-alone basis for granting of judicial interim release in Canada,” he wrote.
However, he said the presence of the pandemic requires flexibility in how all court hearings are conducted and how evidence is presented. And that such flexibility would allow the court to expand the scope of the type of cases presently being heard.
“With appropriate flexibility, there is no reason we cannot hear matters that involve accused persons who are not in custody,” said Gorman.
He said if the Crown or an accused person have a matter which has been delayed by the pandemic and want to have it heard, they should contact the court with a proposal on how it could be safely heard.
“Certainly, sentence hearings and the hearings of applications or trials based upon a written record could be immediately heard.”
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