Nov 08
The appeal process is triggered once you are finally sentenced, and your matter before the Ontario or Superior Court of Justice is fully complete. Once sentence is imposed, you have 30 days to file a Notice of Appeal (or 60 days if the appeal is to the Supreme Court of Canada).
It is also at this point that you can pursue Bail Pending Appeal.
Bail Pending Appeal is granted when an appellant can show that their anticipated appeal is arguable, that your release pending appeal is not contrary to the public interest, and that you will surrender yourself into custody as ordered by the Court.
Further, and for more serious convictions, it must be that the public interest in reviewability overshadows the interest in enforcing the imposed sentence.
An application for Bail Pending Appeal is robust: materials must be filed with the Court of Appeal 3 clear days in advance, which should include affidavits of the appellant and their proposed sureties, past release orders, and a memorandum that explains to the Court the merits of the appeal. Factors that one should consider in whether Bail Pending Appeal is viable option include past performance on release orders, their criminal history, whether a strong release plan is in place, and the length of sentence. Release on Bail Pending Appeal is not a right but a privilege, and it is granted in limited circumstances.
Release on Bail Pending Appeal is also limited: each release order has an expiry date, which means that the bail order will terminate on a specified date or on the morning of the appeal hearing – whichever comes first.
LZZ has a strong history of securing release on Bail Pending Appeal, before all review courts: the Superior Court of Justice, Ontario Court of Appeal, and the Supreme Court of Canada on Bail Pending Leave to Appeal applications. Our lawyers have secured release for the those convicted of the most serious offences, including gun offences and individuals convicted homicide. LZZ works with its clients to develop strong release plans that are supported by equally strong appeal grounds.
