Canada Case Law

R. v. F.J.J.

Court

British Columbia Court of Appeal

Although the appellant's grounds surpass the 'not frivolous' threshold and warrant consideration of reviewability, enforceability outweighs reviewability because the offence was very serious, the sentence was substantial (4.5 years), there are residual safety concerns from the appellant's history of violence against intimate female partners, and the proposed interprovincial release plan with an out-of‑province surety did not provide sufficient confidence in enforceability and supervision; accordingly, a reasonable member of the public would lose confidence if the appellant were released and t…

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• Bail pending appeal
• Public interest criterion
• Enforceability vs reviewability
• Sexual interference
• Motive to fabricate
• Credibility assessment

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R. v. Singh

Court

British Columbia Court of Appeal

Although the appellant meets the financial criteria and would benefit from counsel, the application for a s.684(1) appointment is dismissed because the appeal has no realistic prospect of success: the trial judge's voluntariness and identity findings are supported by the record and attract deference, Legal Aid and an independent counsel review found no arguable basis, and no legal or factual error sufficient to justify appointment was established.

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• Appointment of counsel (s.684(1))
• Voluntariness of police statement
• Mixed statements (exculpatory/inculpatory)
• Eyewitness identification reliability
• Ineffective assistance of counsel
• Bail pending appeal

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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. K.H.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario denied bail pending appeal in a child sexual interference case, finding the proposed appeal grounds weak and the public interest against release strong.

• Bail pending appeal
• Section 11(b) delay
• Jury instructions
• Inconsistent verdicts
• Public confidence in administration of justice
• Enforceability vs reviewability

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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. Hayes

Court

British Columbia Court of Appeal

Leave to appeal the sentence was granted but bail pending appeal was denied because the appellant failed to meet the statutory test: the appeal lacked sufficient merit to make detention unduly harsh given the Crown's offer to expedite the appeal, and the appellant's detention is necessary in the public interest because affidavit evidence and conduct on bail and in custody demonstrated a real risk to public safety (intimate partner violence, attitude towards violence against women, substance misuse, and unsecured loaded firearms in the presence of a minor); enforceability interest was high and…

Source excerpt

• Intimate partner violence
• Firearms offences
• Leave to appeal
• Public safety
• Bail pending appeal
• Revocation of bail

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R. v. Nabi

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario granted judicial interim release pending appeal after finding Nabi’s ineffective-assistance appeal was not frivolous and detention was unnecessary.

• Judicial interim release
• Bail pending appeal
• Ineffective assistance of counsel
• Right to testify
• Bail-pending-appeal
• Ineffective-assistance-of-counsel

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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. Bleck

Court

Court of Appeal for Ontario

Bail pending appeal was refused because the appellant’s repeated breaches of court orders and driving-related misconduct made detention necessary in the public interest.

• Bail pending appeal
• Public safety
• Public confidence in administration of justice
• Breach of bail
• Driving offences
• Enforceability vs reviewability

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R. v. M.R.

Court

Court of Appeal for Ontario

Ontario Court of Appeal granted bail pending appeal in a sexual offence case, finding the appeal reviewable enough that detention was not necessary in the public interest.

• Bail pending appeal
• Public interest
• Public confidence
• Credibility and trial reasons
• Sexual offences
• Bail-pending-appeal

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