Canada Case Law

R. v. Mehaney

Court

Nova Scotia Court of Appeal

The motion was dismissed because the appellant, while meeting the low threshold on non-frivolous appeal and surrender, failed the public interest criterion: his proposed release plan lacked sufficient supervisory and enforceability measures (no reporting regime, no surety or deposit, no employer confirmation, insufficient residential and logistical details) and therefore did not permit a court to conclude public safety and public confidence were protected given serious violent sexual convictions and a five-year sentence.

Source excerpt

• Bail pending appeal
• Public interest criterion
• Public safety and public confidence
• Release conditions and supervision
• S.679(1)(a) and s.679(3) criminal code
• Publication restriction s.486.4

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R. v. McFarlane

Court

Court of Appeal for Ontario

The Ontario Court of Appeal granted bail pending appeal to Sheldon McFarlane, finding his self-defence jury-instruction ground clearly surpassed the not frivolous threshold.

• Judicial interim release
• Self-defence instruction
• Manslaughter
• Jury instruction
• Air of reality
• Not frivolous threshold

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R. v. Ma

Court

British Columbia Court of Appeal

Bail pending appeal was granted to Chun Mei Ma after the court found her appeal arguable, her flight risk low, and continued detention unnecessary in the public interest.

• Release pending appeal
• Obstruction of justice
• Surrender and conditions of release
• Not frivolous test
• Deference to trial findings
• Bail-pending-appeal

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R. v. Sewell

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Mr. Sewell’s bail application pending leave to appeal to the Supreme Court of Canada, finding the public interest favoured continued detention.

• Bail pending leave to appeal to scc
• Conditional sentence order
• Concurrent vs consecutive sentences
• Public interest/enforceability vs reviewability
• Leave to appeal
• Bail-pending-appeal

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R. v. Woldemichael

Court

Court of Appeal for Ontario

The Ontario Court of Appeal granted bail pending appeal, finding the appeal barely non-frivolous and the public-interest balance favoured release.

• Bail pending appeal
• Public confidence in administration of justice
• Enforceability vs reviewability
• Sexual offences involving children
• Child pornography
• Criminal harassment

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R. v. De Paz

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia dismissed Brian De Paz’s bail pending appeal application after finding the appeal grounds very weak and the public interest against release.

• Bail pending appeal
• Public interest (enforceability vs reviewability)
• No-evidence motion
• Identification evidence
• Dna evidence
• Drugging allegation

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R. v. T.E.C.

Court

British Columbia Court of Appeal

The Court of Appeal granted an extension of time to appeal but refused appointed counsel and bail pending appeal, finding no realistic prospect of success.

• Sexual assault
• Appointment of counsel
• Extension of time to appeal
• Bail pending appeal
• Publication ban
• Ineffective assistance of counsel

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R. v. Bowie

Court

Court of Appeal for Ontario

The bail application was dismissed because, although the appeal met the low 'not frivolous' threshold, the appellant failed the public interest limb of s.679(3)(c): on public safety grounds the appellant posed an unacceptable risk given the nature of the convictions (including a credible threat to kill), his trial testimony and unaddressed mental health/drug concerns; and on public confidence grounds enforceability considerations outweighed reviewability given the weakness of the appeal in the context of overwhelming evidence and serious aggravating conduct, therefore detention pending appeal…

Source excerpt

• Bail pending appeal
• Public interest
• Public safety
• Public confidence
• Sentencing
• Harassment

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United States v. Olaniyan

Court

Court of Appeal for Ontario

The bail pending appeal application was dismissed because the applicant failed to establish that his appeal was not frivolous and, critically, failed to prove on the balance of probabilities that he would surrender; his August 1, 2024 breach and attempted evasion demonstrated flight risk and insufficient bail conditions/sureties, and the extradition judge reasonably concluded the totality of evidence supported committal.

Source excerpt

• Committal under extradition act
• Bail pending appeal s.679(3)
• Flight risk assessment
• Voice identification evidence
• Circumstantial evidence
• Surrender obligations

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R. v. B.N.

Court

Court of Appeal for Ontario

The IAC ground surpasses the minimal non‑frivolous threshold, but the applicant's detention was necessary in the public interest: given the seriousness of the offences, the applicant's lengthy record of breaches and violence, the risk to the complainant and public safety, and the limited utility of monitoring measures, bail pending appeal was refused.

Source excerpt

• Judicial interim release
• Ineffective assistance of counsel
• Public safety
• Intimate partner violence
• Jury instructions

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