Release Pending Determination of Appeal

AuthorSteve Coughlan/Alex Gorlewski
186 Preliminary Matters / Judicial Interim Release
2.1(f) Release Pending Determination of Appeal
What is the oender appealing?
Court may order that oender be released
pending determination of appeal6
Has the oender given notice
of appeal or notice of leave to
Has the oender been
granted leave to appeal?1
Is the appeal not frivolous?2Does the appeal have
suicient merit that detaining
the oender will cause
unnecessary hardship?3
Yes Yes
Will the oender surrender into custody in
accordance with the order?4
Is the oender’s detention not necessary in the
public interest?5
Most bail applications take place while an accused is awaiting trial. However,
when an oender has been convicted and is bringing an appeal, it is possible
for the oender to apply to be released. The rules governing such applications
are not found in Part XVI of the Criminal Code, RSC 1985, c C-46 [Code], Com-
pelling Appearance (where the other judicial interim release provisions are
contained) but rather in Part XXI, Appeals — Indictable Oences.
If the answer to any of the questions on this chart is “no,” then the oender
will not be released.
Conviction Sentence only

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