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…

Source excerpt

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

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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. 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. Garcha

Court

Court of Appeal for Ontario

The Ontario Court of Appeal granted Balwinder Garcha release pending appeal, finding a serious issue on the appeal and giving limited weight to outstanding breach allegations.

• Release pending appeal
• Public interest
• Enforceability vs reviewability
• Exclusionary discretion
• Breach of bail conditions
• Release-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. Pham

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia directed a review of the refusal of bail pending appeal, finding arguable errors in the public-interest analysis.

• Bail pending appeal
• Section 680 review
• Public interest
• Surety obligations
• Enforceability vs reviewability
• Bail-pending-appeal

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R. v. Pinard

Court

Court of Appeal for Ontario

The application for bail pending appeal is dismissed because the enforceability interest, driven by the seriousness of the gun offence, outweighs the weak reviewability interest given the arguable but unsupported and fact-driven grounds of appeal (transcript and supporting materials not filed), such that detention is necessary in the public interest under s.679(3)(c).

Source excerpt

• Bail pending appeal
• Public confidence in administration of justice
• Enforceability vs reviewability
• Possession of firearm contrary to prohibition order (s.117.01)
• Possession of loaded restricted firearm (s.95)
• Jury verdict consistency

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R. v. Bowman

Court

Court of Appeal for Ontario

Although the appeal was not frivolous and the applicant will surrender, the detention was necessary in the public interest because the enforceability interest (given the seriousness of the sexual offences and the sentence) outweighed the weak reviewability interest; the grounds of appeal were weak and did not clearly surpass the minimal standard, so release would undermine public confidence, and bail pending appeal was denied.

Source excerpt

• Bail pending appeal
• Public interest/public confidence
• Enforceability vs reviewability
• Sexual offences (indecent assault)
• Credibility and reliability of witnesses
• Grounds of appeal

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R. v. Hamouth

Court

Court of Appeal for Ontario

The application for bail pending leave to appeal is granted because the applicant met s.679(3): the leave application is not frivolous on plausible novel issues; he will surrender as required and detention is not necessary in the public interest where enforceability is outweighed by reviewability given his age, health, lack of record, lower-end seriousness of offences and the likelihood that the leave process will consume a material portion of his 30-month sentence.

Source excerpt

• Bail pending appeal
• Leave to appeal
• Charter s.8 search and seizure
• Charter s.10(b) right to counsel
• Charter s.24(2) exclusion of evidence
• Enforceability vs reviewability

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Caja Paraguaya De Jubilaciones Y Pensiones Del Personal De Itaipu Binacional v. Obregon

Court

Court of Appeal for Ontario

The motion was dismissed because the motion judge reasonably concluded that the need for enforceability outweighed interests of reviewability and the appellate court will not disturb the judge's discretionary balancing absent demonstrable error.

Source excerpt

• Release pending appeal
• Sentence for contempt
• Asset concealment
• Stay
• Enforceability vs reviewability

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