Canada Case Law

R. v. Racine

Court

Newfoundland and Labrador Court of Appeal

The court cancelled the prior release order under s.524(3) because the new charges provided reasonable grounds to believe the accused committed an indictable offence, but nonetheless granted release pending appeal under s.679(3) because the increased public safety concerns could be adequately managed by stringent conditions (changed residence, additional $5,000 deposit, $1,000 surety promise, curfew, and no-contact order), and the balance of the statutory criteria favoured release to permit appellate review.

Source excerpt

• Judicial interim release
• Revocation of release
• Public safety
• Surety and financial conditions
• Breach of recognizance

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R. v. Munro

Court

Nova Scotia Court of Appeal

Bail pending appeal was granted because the appellant satisfied the statutory thresholds: the appeal raised arguable grounds, the risk of flight was low given deposit of passports and strong family ties, and the public interest balancing favoured reviewability over enforceability provided adequate sureties (mother as residential surety, father as supplementary) and strict house arrest conditions with financial pledges, thereby assuaging public safety and public confidence concerns.

Source excerpt

• Bail pending appeal
• Public interest balancing
• Sureties and supervision
• Child sexual assault
• Publication restrictions

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R. v. Bilusack

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed Mr. Bilusack’s appeal, upholding convictions for mischief and breaching an undertaking, and rejecting his bias claim.

• Mischief s.430(4)
• Breach of undertaking s.145(4)(a)
• Theft s.334(b)
• Standard of review - palpable and overriding error
• Judicial bias
• Interpretation of undertakings

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R. v. Khojsteh Kashani

Court

British Columbia Court of Appeal

Bail pending appeal granted to an appellant convicted of seven sexual assault counts and sentenced to 11 years, subject to strict release conditions and surety.

• Bail pending appeal
• Similar fact evidence
• Sexual assault
• Flight risk
• Electronic monitoring
• Surrender and surety

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R. v. Skiffington

Court

British Columbia Court of Appeal

The Court cancelled William Wade Skiffington’s existing release order after new charges arose, then granted re-release pending appeal on the same terms with a boundary restriction.

• Bail cancellation
• Release pending appeal
• Ministerial referral for new appeal
• Breach of recognizance
• Uttering threats
• Bail-cancellation

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R. v. Davidson

Court

British Columbia Court of Appeal

Leave to appeal from sentence was granted and Angela Davidson was released pending appeal on a $1,000 promise to pay, subject to agreed conditions.

• Release pending appeal
• Leave to appeal
• Gladue principles
• Totality and individualization in sentencing
• Criminal contempt
• Conditions of release

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R. v. Ortis

Court

Court of Appeal for Ontario

On the balance of probabilities the applicant met the s.679(3) test: the appeal is not frivolous (novel and potentially dispositive issues), the applicant will surrender (prior compliance, trustworthy sureties, electronic monitoring), and detention is not necessary in the public interest because public safety risks are mitigated by strict conditions and the reviewability interest outweighs the enforceability interest given the strength and novelty of the grounds (including s.14 vagueness and s.38.14 trial fairness issues); accordingly bail pending appeal granted on strict conditions with a mo…

Source excerpt

• Bail pending appeal
• Security of information act s.14
• Canada evidence act ss.38 and 38.14
• Stay of proceedings
• Vagueness challenge s.7 charter
• Right to full answer and defence

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R. v. Coghill

Court

Supreme Court of British Columbia

The court held that Stewart Wayne Tkachuk had absconded and allowed the criminal trial to continue in his absence under s. 475 of the Criminal Code.

• Absconding
• Section 475 criminal code
• Continuation of trial in absence
• Electronic monitoring breach
• Curfew conditions
• Criminal-procedure

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R. v. D.R.

Court

Court of Appeal for Ontario

On the preliminary s.679(3) assessment the applicant failed to show that detention was not necessary in the public interest because the enforceability interest and public confidence in respecting serious child sexual offences, together with residual public safety concerns linked to an untested release plan and the applicant's record, outweighed the weak reviewability interest; the materials filed did not establish that the grounds of appeal clearly surpass the not‑frivolous threshold and many alleged errors are discretionary matters entitled to deference, therefore release was refused.

Source excerpt

• Release pending appeal
• Public interest
• Public safety
• Public confidence in administration of justice
• Sexual offences against a child
• Evidentiary rulings

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R. v. Robinson

Court

Nova Scotia Court of Appeal

Motion dismissed because appellant failed to establish the appeal was not frivolous, the proposed release plan lacked adequate supervision and a proven suitable surety, and the seriousness and context of the sexual assault meant enforceability interests outweighed reviewability such that detention was necessary in the public interest.

Source excerpt

• Bail pending appeal
• Public safety vs public confidence
• Enforceability and reviewability
• Sentencing
• Publication restriction (s.486.4)

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