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The Court of Appeal for Ontario dismissed Barbara Baxter’s application for release pending appeal, finding her proposed appeal weak and detention justified by the public interest.
The Chief Justice refused to direct a review under s.680 because the applicant failed to show it was arguable the chambers judge made material errors of fact or law in assessing collusion and similar fact evidence or that the chambers decision was clearly unwarranted; the chambers judge reasonably concluded the enforceability interest outweighed reviewability given the seriousness of the offences, the detailed trial findings and the low prospect that the collusion-related grounds would clearly surpass the not-frivolous threshold, and fresh medical/custody evidence did not alter that conclusio…
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The application for interim release was granted because the appellant met the s.679(3) criteria on the balance of probabilities: his appeal is not frivolous; objective and enforceable measures (surrendered passport, consulate assurance, $200,000 surety, 24-hour house arrest, strict reporting, and surrender date) ensure he will surrender and mitigate flight risk despite foreign ties; and detention is not necessary in the public interest because there is no evidence of risk to public safety and public confidence favors reviewability under these conditions.
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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.
The Court of Appeal set aside a single-justice order granting release pending appeal, holding the bail judge misapplied the public-interest test and ordered Rosbergen back into custody.
The Ontario Court of Appeal released Jeremy Folk pending appeal after finding his manslaughter appeal grounds were clearly not frivolous and the Oland balance favoured review.
Motion granted for release pending appeal in a criminal case. The court held the proposed appeal raised a non-frivolous credibility issue and detention was not necessary in the public interest.
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.
The Court of Appeal granted the Crown’s s. 680 application and directed review of a bail pending appeal order in a murder case, finding an arguable failure to assess appeal strength.
Release pending appeal was granted because the appellant’s challenge to bad character evidence was clearly not frivolous, with no flight or public safety concern.
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