R. v. Grant

R. v. Grant

Application dismissed because the applicant failed to establish the appeal is not frivolous on the record provided, failed to demonstrate he would surrender into custody given prior failure to attend and lack of a concrete release plan, and the public interest (enforceability risk given serious cocaine importation...

Source-derived case information.

Citation
2021 ONCA 519
Parties
Appellant: James Jahkyn Grant; Respondent: Her Majesty the Queen
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
15 July 2021
Procedural Posture
Criminal / Bail Pending Appeal (release Pending Appeal)
Outcome
Application dismissed
Legal Topics
Release Pending Appeal, Section 11(b) Unreasonable Delay, Jury Charge Adequacy, Charter Applications, Surrender Risk, Public Interest Balancing
Source Language
en
Criminal Law Constitutional Law (charter) Appeal Procedure Bail Law Release Pending Appeal Section 11(b) Unreasonable Delay Jury Charge Adequacy Charter Applications +2 more

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Parties

James Jahkyn Grant

Appellant

Her Majesty the Queen

Respondent

Procedural Posture

Criminal / Bail Pending Appeal (release Pending Appeal)

Legal Issues

  1. 1 Whether the proposed grounds of appeal are not frivolous
  2. 2 Whether the trial judge inadequately charged the jury on the knowledge element
  3. 3 Whether the trial judge improperly answered a jury question during deliberations

Ratio Decidendi

Application dismissed because the applicant failed to establish the appeal is not frivolous on the record provided, failed to demonstrate he would surrender into custody given prior failure to attend and lack of a concrete release plan, and the public interest (enforceability risk given serious cocaine importation conviction) weighs against release; court nevertheless directed expedition of the appeal timetable if perfected by a deadline.

Court Disposition

Application dismissed

Orders

  • Application for release pending appeal dismissed
  • If the applicant perfects his appeal by August 31, 2021 the hearing of the appeal shall occur no later than December 17, 2021 with 2.5 hours of oral argument allocated