R. v. Ma

2026 BCCA 17 R. v. Ma

COURT OF APPEAL FOR BRITISH COLUMBIA Citation: R. v. Ma, 2026 BCCA 17 Date: 20260114 Docket: CA51213 Between: Rex Respondent And Chun Mei Ma Appellant Before: The Honourable Justice Mayer (In Chambers) On appeal from: An order of the Provincial Court of British Columbia, dated April 11, 2025 (conviction) and December 12, 2025 (sentence) (R. v. Ma, Richmond Docket 67460-1). The Appellant, appearing in person (via videoconference): C. Ma B. Liu (Interpreter) Counsel for the Respondent: U. Botz Written Submissions Received: Vancouver, British Columbia January 13, 2026 Place and Date of Judgment: Vancouver, British Columbia January 14, 2026 Written Reasons by: The Honourable Justice Mayer Summary: Chun Mei Ma applies for release on bail pending appeal from a conviction for attempting to obstruct justice. It is unlikely that Ms. Ma's appeal will be heard before her current six-month sentence is served. Her appeal is not frivolous, she is not a flight risk and the public interest does not require her continued detention. The application for release is granted. Reasons for Judgment of the Honourable Justice Mayer: [1] Chun Mei Ma was convicted on April 11, 2025 of one count of attempting to obstruct justice, following a trial in Provincial Court before Judge D. Mah ("the trial judge") in Richmond. On December 12, 2025, the trial judge sentenced Ms. Ma to 6 months' imprisonment. Ms. Ma

has filed a notice of appeal against conviction and sentence and is applying for release pending determination of her appeal under s. 679 of the Criminal Code. [2] To secure release pending appeal from conviction under s. 679(3) of the Criminal Code, an appellant must establish, on a balance of probabilities, that: a) their appeal is not frivolous; b) they will surrender if released; and c) their detention is not necessary in the public interest. (R. v. Oland, 2017 SCC 17). [3] The "not frivolous" test is widely recognized as being a very low bar: Oland at para.

20. Merits [4] Ms. Ma has set out an extensive list of grounds of appeal, grouped under the following headings: 1. Unreasonable Verdict/Conviction Error; 2. Misapprehension of Evidence/Factual Errors; 3. Error of Law/Misapplication of s. 139, and 4. Procedural Unfairness/Abuse of Process. Ms. Ma also references an intended fresh evidence application. [5] Some of Ms. Ma's grounds appear to challenge the trial judge's factual findings, including his findings of credibility, which will be entitled to deference on appeal. However, Ms. Ma also raises some alleged errors of law, in addition to issues of 'procedural unfairness/abuse of process' which the Crown concedes are difficult to assess at this point. [6] I accept Ms. Ma's grounds of appeal are at least "arguable" and therefore her appeal is not frivolous. Flight Risk [7] The Crown agrees that Ms. Ma poses no known flight risk. It notes that that Ms. Ma has been generally compliant with previous bail conditions, and there have been no reported breaches to date. [8] Ms. Ma is a Canadian citizen, has lived in Canada for over 20 years, and is a long-term resident of Richmond B.C. She received a CSO for the related conviction for assault causing bodily harm. [9] I am satisfied that Ms. Ma is not a flight risk. Public Interest [10] I am satisfied there are no apparent flight or public safety concerns. Ms. Ma has no criminal history apart from this conviction and the related conviction for assault causing bodily harm. [11] The risk of Ms. Ma reoffending appears to be low. The Crown advises that Ms. Ma has been compliant with no-contact conditions with respect to the victim of the offence. [12] Ms. Ma's relatively short sentence favours release: Oland at para.

48. The Crown advises Ms. Ma's probable discharge date is April 11, 2026 and her sentence expiry would be June 11, 2026. The conviction appeal is in its early stages. It is highly likely that if she remains in custody, she would serve the entirety of her sentence before her appeal from conviction could be heard. Disposition [13] I am satisfied that Ms. Chun meets the criteria for release in s. 679(3) of the Code. [14] I grant Ms. Ma's application for release pending her appeal against conviction, with a promise to pay $10,000 (no deposit, no surety) and the following conditions: (a) Ms. Ma shall keep the peace and be of good behaviour. (b) Ms. Ma shall report in person to a bail supervisor at Richmond Community Corrections, Unit 210 - 7577 Elmbridge Way, Richmond, British Columbia, within 48 hours of her release from custody, and thereafter as and when directed by the bail supervisor. (c) Ms. Ma shall live at [redacted address]. When first reporting to the bail supervisor, the appellant shall provide her address and telephone number. Ms. Ma shall not change her address or her telephone number without the prior written permission of her bail supervisor. (d) Ms. Ma shall surrender all travel documents and/or instruct her counsel to surrender any of her travel documents in their possession, including any passport, Nexus card, travel visa, or enhanced driver's license to the

Richmond RCMP Detachment within 72 hours of her release, and shall not make application for such document(s) during the term of her release without leave of the Court. (e) Ms. Ma shall not leave the Province of British Columbia. (f) Ms. Ma shall have no contact or communication, directly or indirectly, with [T.C.]. The only exception is: as allowed by a family or child protection order made by a judge or associate judge who has been given a copy of this Release Order. Ms. Ma must immediately file a copy of this Order in any family or child protection proceeding in which she is a party or becomes a party. (g) Ms. Ma shall not attend within 100 metres of any place that is known or becomes known to her where [T.C.] lives, works, attends school, worships, or happens to be. If the appellant sees [T.C.], she must leave his presence immediately without any words or gestures. The only exception is: as allowed by a family or child protection order made by a judge or associate judge who has been given a copy of this Release Order. Ms. Ma must immediately file a copy of this Order in any family or child protection proceeding in which she is a party or becomes a party. (h) Ms. Ma shall not possess, either personally or through another person, any weapon as defined by the Criminal Code, including (a) firearms and ammunition; (b) crossbows, prohibited or restricted weapons or devices, or

explosive substances; (c) anything used, designed to be used, or intended for use in causing death or injury to any person, or to threaten or intimidate any person; (d) any imitation firearms or weapons, or (e) any related authorizations, licenses and registration certificates, and she must not apply for any of these. (i) Ms. Ma shall diligently pursue her appeal. (j) Ms. Ma shall surrender herself into custody at the Sheriff's Office, The Law Courts, 800 Smithe Street, Vancouver, B.C., at 9:00 a.m. on July 14, 2026, unless by that date Ms. Ma's factum has been filed and a hearing date has been set, in which case Ms. Ma shall surrender into custody on the date set for release of judgment on her conviction appeal. "The Honourable Justice Mayer"