A justice of the Nova Scotia Supreme Court ruled Friday the Crown has failed to prove that Christopher Garnier breached his bail conditions.
But the decision by Justice Peter Rosinski does not mean Garnier is getting out of jail right away. He must still answer to the breach charges in provincial court later this month.
Garnier is charged with second-degree murder in the death of Catherine Campbell, an off-duty Truro police officer.
Because Garnier is facing a murder charge, the breach charges have to be addressed by the Supreme Court as well as the lower provincial court, which hears lesser charges.
Released on strict conditions
Campbell's body was found under Halifax's Macdonald bridge in September 2015, days after she had failed to report for work.
A short time later, Garnier was arrested and charged with murder and interfering with a dead body. He was held in jail until December 2016, when he was released on strict conditions including that he be at his father's Bedford condo or his mother's Cape Breton home when not at work or in the company of a surety.
Police allege he failed to answer the door of his mother's home when police showed up on the weekend of Feb. 18 to see if he was home. Garnier was arrested the next day.
Bail not cancelled, judge rules
A bail revocation hearing was held earlier this week before Rosinski. Evidence and arguments from that hearing are banned from publication to protect Garnier's right to a fair trial. The second-degree murder trial is expected to begin in November.
Rosinski's decision on Friday afternoon said Garnier's bail is not cancelled and he shall be re-released under the terms established back in December.
The actual breach charges are to be dealt with in Halifax provincial court later this month.