Tuesday, June 28, 2022
Kenneth Grad (York University, Osgoode Hall Law School) has posted The More Things Change, the More They Stay the Same: Bail Pending Appeal After R v Oland (Manitoba Law Journal, Forthcoming) on SSRN. Here is the abstract:
In 2017 the Supreme Court of Canada rendered its decision in R v Oland. The Oland case presented a rare opportunity for the Court to clarify the test for bail pending appeal in Criminal Code s. 679(3), which asks: (a) whether the appeal is frivolous; (b) whether the appellant will surrender into custody; and (c) whether the appellant’s detention is necessary in the public interest. Oland’s focus was on the public interest ground and particularly the sub-question of whether public confidence in the administration of justice supports the applicant’s release. Oland held that it is appropriate to provide a detailed assessment of the merits of the appeal as part of the public confidence inquiry. However, the Court emphasized that public confidence should play a role only in the most serious cases. Consideration of public confidence was to be the exception, not the rule. This article provides an empirical analysis of over two hundred bail pending appeal decisions in the five years preceding and following Oland.