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The appeal was dismissed summarily under s.685(1) because it was frivolous and presented no justiciable question; alternatively it was dismissed because it did not raise a question of law alone as required by s.839(1), and Wright J. properly denied interim release on the basis of an inadequate release plan.
Source excerpt
The Court of Appeal dismissed Mr. Wilcox’s application for judicial interim release pending a surrender decision, citing flight risk, serious convictions, and the public interest.
Court dismissed Ali Ibrahim’s renewed application for judicial interim release pending appeal, finding no material change in circumstances affecting the s. 679 factors.
On the evidence before the Court the Crown's circumstantial case against Kyle was strong (planning, text messages, physical corroboration) and the case against Steven as accessory after the fact/cover-up was substantial; combined with risk of interference, weak community ties, parents unable to prevent communications, and the gravity and mandatory sentence exposure, detention was necessary under the statutory grounds and public confidence would be undermined by release; bail denied for both accused.
Source excerpt
Interim release pending appeal was granted because the appellant satisfied s.679(3): the appeal was not frivolous, he demonstrated he would surrender (history of compliance and enforceable stringent conditions), and detention was not necessary in the public interest given low risk of repetition and the availability of strict conditions (full house arrest, mortgage security, recognizance and surrender requirements).
Source excerpt
The appellant satisfied s.679(4): he demonstrated arguable merit in his sentencing appeal and that continued incarceration would cause unnecessary hardship given the sentence length and timing of potential appellate review; the Crown conceded surrender and public interest concerns, and the court therefore granted judicial interim release on terms and leave to appeal.
Source excerpt
The application for interim judicial release is dismissed because the applicant failed to satisfy s.679(3)(b): the risk of flight is significant and the proposed supervision (including increased sureties and electronic monitoring) does not adequately ensure he will surrender in accordance with any release order given his prior failures to appear, long-term deception and resourcefulness, the seriousness of the charges and the proximity of a surrender decision following committal.
Source excerpt
The Court of Appeal granted judicial interim release pending appeal, finding the appellant’s manslaughter appeal arguable and detention not necessary in the public interest.
Court of Appeal for British Columbia granted judicial interim release pending appeal in a manslaughter case, finding the appeal had some merit and detention was not necessary in the public interest.
The Court of Appeal for British Columbia confirmed dismissal of an application for interim release pending appeal, citing the applicant’s criminal record and insufficiently strong appeal grounds.
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