Victoria police say a man was able to target the same business twice in one day.
Around 8:30 a.m. on Wednesday, police officers were called to Ocean Garden Restaurant on Fisgard Street after a man broke through the front door.
He ran away and was arrested, police said.
However, he didn’t stay behind bars for very long.
Police said that upon release, the man went back to the restaurant and set off a smoke grenade inside.
About 30 people were dining at the time.
At that time, he wasn’t arrested but was released with conditions not to return to the business and to attend a future court date.
However, police confirmed on Thursday morning that the man has since been arrested for the second incident and currently remains in custody.
In response to questions about why the man was released following the first incident, Victoria police said on X that federal legislation, enacted in 2019, includes a principle of restraint.
Bill C-75 requires police to “release an accused person at the earliest possible opportunity after considering certain factors which include the likelihood the accused will attend court, the imminence of the risk posed to public safety, and the impact on confidence in the criminal justice system,” the organization posted on X.
“The Canadian Charter of Rights and Freedoms provides that every person has the right to liberty and the presumption of innocence pre-trial. Police are also asked to consider the circumstances of Indigenous or vulnerable persons in the process, in order to address the disproportionate impacts that the criminal justice system has on these populations.”