Bail Pending Appeal (the Public Interest Criterion)
The three statutory criteria for bail pending appeal are found in s. 679(3) of the Code : (3) In the case of an appeal [against conviction], the judge of the court of appeal may order that the appellant be released pending the determination of his appeal if the appellant establishes that (a) the appeal . . . is not frivolous; (b) he will surrender himself into custody in accordance with the terms of the order; and (c) his detention is not necessary in the public interest. The applicant seeking bail bears the burden of establishing that each criterion is met on a balance of probabilities: R. v. Ponak , [1972] 4 W.W.R. 316 (B.C.C.A.), at pp. 317-18; R. v. Iyer , 2016 ABCA 407, at para. 7 (CanLII); R. v. D’Amico , 2016 QCCA 183, at para. 10 (CanLII); R. v. Gill , 2015 SKCA 96, 465 Sask. R. 253, at para. 14. . a. The appeal is not frivolous The first criterion requires the appeal judge to examine the grounds of appeal with a view to ensuring t...