R. v. Gingras (J.G.),

JurisdictionBritish Columbia
CourtCourt of Appeal (British Columbia)
JudgeFinch
Neutral Citation2012 BCCA 370
Citation(2012), 327 B.C.A.C. 136 (CA),2012 BCCA 370,327 BCAC 136,(2012), 327 BCAC 136 (CA),327 B.C.A.C. 136
Date31 August 2012

R. v. Gingras (J.G.) (2012), 327 B.C.A.C. 136 (CA);

    556 W.A.C. 136

MLB headnote and full text

Temp. Cite: [2012] B.C.A.C. TBEd. SE.010

Regina (respondent) v. Jean Gaetan Gingras (appellant)

(CA040191; 2012 BCCA 370)

Indexed As: R. v. Gingras (J.G.)

British Columbia Court of Appeal

Finch, C.J.B.C.

September 5, 2012.

Summary:

The accused was convicted of one count of conspiracy to traffic in cocaine and two counts of laundering the proceeds of crime. He was sentenced to a total of 10 years' imprisonment. The accused appealed his convictions and sentence and applied to be released from custody pending determination of the appeals.

The British Columbia Court of Appeal, per Finch, C.J.B.C., dismissed the application.

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary in the public interest - The accused was convicted of one count of conspiracy to traffic in cocaine and two counts of laundering the proceeds of crime - He was sentenced to a total of 10 years' imprisonment - The accused appealed his convictions and sentence and applied to be released from custody pending determination of the appeals - The Crown accepted that the accused would surrender himself into custody, but asserted that the accused had not established that the grounds of appeals were not frivolous and, even if the grounds were not frivolous, they were so weak that they formed an important consideration in assessing the public interest - The British Columbia Court of Appeal, per Finch, C.J.B.C., dismissed the application - The grounds of appeal were not frivolous, but they were not strong - Whether the accused had established that detention was not necessary in the public interest (Criminal Code, s. 679(3)(c)) required assessing and balancing the interest in the enforceability of the impugned verdict and sentence with the interest in their reviewability - The main concern on the enforceability aspect was public confidence in the administration of justice, which called in question the strength of the appeal - The weaker the grounds of appeal, the more enforceability weighed in the balance - The stronger the grounds, the less enforceability weighed in the balance - The appeal had to have sufficient merit to outweigh the interest in enforceability - Here, the public interest in enforceability outweighed the interest in reviewability - The convictions were for serious offences and the sentence was 10 years' imprisonment - The public confidence in the administration of justice might be diminished if bail was granted.

Criminal Law - Topic 3304.1

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary to maintain confidence in the administration of justice (i.e., tertiary ground) - [See Criminal Law - Topic 3304 ].

Cases Noticed:

R. v. Beaulac (J.V.), [1999] 1 S.C.R. 768; 238 N.R. 131; 121 B.C.A.C. 227; 198 W.A.C. 227, dist. [para. 14].

R. v. G.D.B., [2000] 1 S.C.R. 520; 253 N.R. 201; 261 A.R. 1; 225 W.A.C. 1; 2000 SCC 22, refd to. [para. 18].

R. v. B.S.B. (2008), 263 B.C.A.C. 51; 443 W.A.C. 51; 2008 BCCA 483, not folld. [para. 22].

R. v. Chu (C.T.) (2009), 275 B.C.A.C. 150; 465 W.A.C. 150; 2009 BCCA 377, not folld. [para. 22].

R. v. Schiel (A.K.) et al., [2011] B.C.A.C. Uned. 58; 2011 BCCA 160, not folld. [para. 22].

R. v. Bath (S.S.) (2012), 322 B.C.A.C. 72; 549 W.A.C. 72; 2012 BCCA 221, not folld. [para. 22].

Counsel:

G.D. McKinnon, Q.C., for the appellant;

W.P. Riley, for the (Crown) respondent.

This application was heard in chambers at Vancouver, British Columbia, on August 31, 2012, by Finch, C.J.B.C., of the British Columbia Court of Appeal, who delivered the following oral reasons for judgment on September 5, 2012.

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4 practice notes
  • R. v. Porisky (R.A.) et al., 2012 BCCA 371
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 19 Septiembre 2012
    ...R. v. Bath , 2012 BCCA 221, [2012] B.C.J. No. 978. [5] This question was recently addressed before me in submissions in R. v. Gingras , 2012 BCCA 370, where I held that the weakness of an appeal was a proper consideration to take into account on the enforceability aspect of the public inter......
  • R. v. Gingras (J.G.), (2012) 333 B.C.A.C. 69 (CA)
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 17 Diciembre 2012
    ...Each applied for and were denied release from custody pending the appeals mainly because of the weakness of their grounds of appeal (see 327 B.C.A.C. 136; 556 W.A.C. 136 and 325 B.C.A.C. 161 ; 553 W.A.C. 161 ). Porisky applied under s. 680 of the Criminal Code for a direction that the c......
  • R. v. Grey (S.W.), 2012 BCCA 431
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 1 Noviembre 2012
    ...strength of Mr. Grey's appeal is relevant ( R. v. Porisky , 2012 BCCA 309 at para. 16 per Chiasson J.A. (in Chambers); R. v. Gingras , 2012 BCCA 370 at paras. 21-24 per Finch C.J.B.C. (in Chambers); Mapara at para. 35). The Porisky and Gingras decisions were reviewed by this Court on Octobe......
  • R. v. Gingras (J.G.), 2012 BCCA 467
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 22 Octubre 2012
    ...Each applied for and were denied release from custody pending the appeals mainly because of the weakness of their grounds of appeal (see 327 B.C.A.C. 136; 556 W.A.C. 136 and 325 B.C.A.C. 161; 553 W.A.C. 161). Porisky applied under s. 680 of the Criminal Code for a direction that the court r......
4 cases
  • R. v. Porisky (R.A.) et al., 2012 BCCA 371
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 19 Septiembre 2012
    ...R. v. Bath , 2012 BCCA 221, [2012] B.C.J. No. 978. [5] This question was recently addressed before me in submissions in R. v. Gingras , 2012 BCCA 370, where I held that the weakness of an appeal was a proper consideration to take into account on the enforceability aspect of the public inter......
  • R. v. Gingras (J.G.), (2012) 333 B.C.A.C. 69 (CA)
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 17 Diciembre 2012
    ...Each applied for and were denied release from custody pending the appeals mainly because of the weakness of their grounds of appeal (see 327 B.C.A.C. 136; 556 W.A.C. 136 and 325 B.C.A.C. 161 ; 553 W.A.C. 161 ). Porisky applied under s. 680 of the Criminal Code for a direction that the c......
  • R. v. Grey (S.W.), 2012 BCCA 431
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 1 Noviembre 2012
    ...strength of Mr. Grey's appeal is relevant ( R. v. Porisky , 2012 BCCA 309 at para. 16 per Chiasson J.A. (in Chambers); R. v. Gingras , 2012 BCCA 370 at paras. 21-24 per Finch C.J.B.C. (in Chambers); Mapara at para. 35). The Porisky and Gingras decisions were reviewed by this Court on Octobe......
  • R. v. Gingras (J.G.), 2012 BCCA 467
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 22 Octubre 2012
    ...Each applied for and were denied release from custody pending the appeals mainly because of the weakness of their grounds of appeal (see 327 B.C.A.C. 136; 556 W.A.C. 136 and 325 B.C.A.C. 161; 553 W.A.C. 161). Porisky applied under s. 680 of the Criminal Code for a direction that the court r......

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