Dennis Oland's fight for bail pending appeal could go to Supreme Court
Lawyers consider one last attempt to have Oland freed after New Brunswick Court of Appeal upholds bail denial
Dennis Oland's lawyers are considering whether to take his fight to be released on bail pending the appeal of his second-degree murder conviction in the death of his father all the way to the Supreme Court of Canada.
"We'll consider … all of our options," family lawyer Bill Teed told CBC News on Monday after New Brunswick's highest court rejected Oland's latest bid to be granted bail.
In a written decision, released on Monday, the chief justice of the Court of Appeal of New Brunswick said he was "duty bound" to uphold an earlier decision to deny Oland bail on the grounds that releasing a convicted murderer pending appeal could shake the public's confidence in the justice system.
Ernest Drapeau notes, however, that Oland's grounds of appeal of his murder conviction in the 2011 bludgeoning death of his father, multimillionaire Saint John businessman Richard Oland, "appear to be serious."
The bail decision means Oland, 48, who is serving life in prison with no chance of parole for at least 10 years, will remain behind bars until his appeal can be heard.
It has been tentatively scheduled for Oct. 18-21, provided a transcript of his three-month trial can be prepared on time.
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"We're obviously very disappointed," said Teed, speaking on behalf of Oland's three-member defence team.
The only other recourse — to seek leave to appeal to the Supreme Court — has not been ruled out, he said.
"In one of these situations, you do look at all options to determine whether it's worthwhile to proceed on that basis," said Teed.
"So no decision on that issue, but I can say that our efforts are obviously focused at making the strongest argument possible to the Court of Appeal for the primary appeal" of his murder conviction.
No one convicted of murder in New Brunswick has ever been granted bail before.
Family 'will not rest'
Oland's mother, Connie, and wife, Lisa, issued a statement on Monday afternoon saying they are "extremely disappointed" with the Court of Appeal's decision to uphold bail denial.
"We will continue our long legal battle by pursuing every option to prove Dennis's innocence. Specifically, we will be devoting our efforts towards the success of the appeal of Dennis's conviction," they said.
Oland has been in custody since Dec. 19, when a Saint John's Court of Queen's Bench jury found him guilty of second-degree murder.
He has been seeking release since Feb. 12, the day after he was sentenced.
On Feb. 17, Court of Appeal Justice J.C. Marc Richard had ruled "the confidence of the public in the administration of justice would be undermined" if a convicted murderer were to be released pending appeal.
In my view, the decision to deny bail is neither unreasonable nor the product of any material error of fact, law or mixed law and fact.- Ernest Drapeau, chief justice
Oland's lawyers had asked the chief justice to order a review of that decision. Arguments were heard on March 7, but the three-judge panel had reserved until Monday's ruling.
"In my respectful opinion, the appellant has failed to meet the case for reversal," Drapeau wrote on behalf of the panel.
"Indeed, a careful assessment of the record at our disposal and the cumulative weight of the reasons given to deny bail confirm the absence of any principled basis for interference by the Court," the six-page decision states.
"In my view, the decision to deny bail is neither unreasonable nor the product of any material error of fact, law or mixed law and fact."
If the Court of Appeal were to reverse his conviction, the bulk of his prison term would still be outstanding, he said.
"This is not a case where denying bail will render the appeal pointless, at least from a punishment perspective."
Oland's defence team contends his conviction was an "unreasonable verdict." Alan Gold, Gary Miller and James McConnell argue the trial judge erred in allowing certain evidence and in his instructions to the jury.
"The grounds of appeal appear to be serious," said Drapeau.
He notes, however, that the defence made no motion at trial for a "directed verdict of acquittal" by the judge, and no request to "recall the jury for corrective action."
"No doubt these issues will be canvassed and their significance, if any, debated at the appeal hearing," the bail decision states.
It's unclear which justices will hear Oland's conviction appeal, but three of seven have already declared conflict, Drapeau has said.
'Judgment call'
Drapeau described the initial bail decision as being "not one of law," but rather, "in essence, a judgment call."
"In the modern era, greater deference is accorded to decisions of that nature, and I see no reason to create an exception from that sound approach," he wrote.
A reversal would only be warranted if the decision was "tainted by material error or unjustifiable," Drapeau wrote.
Under the Criminal Code, bail may be granted pending appeal if the appeal is not frivolous, the convict will surrender into custody when the time comes, and his detention is not necessary in the public interest.
The defence found 51 second-degree murder cases across Canada where bail was sought pending appeal and nearly half of them — 24 — were successful.
Bail has also been granted to 10 of 26 first-degree murder applicants, the defence found.
Richard Oland, 69, was found beaten to death in his Saint John office on the morning of July 7, 2011. He was lying face down in a pool of blood with 45 sharp and blunt force injuries to his head, neck and hands. No weapon was ever found.
His son, Dennis Oland, was the last known person to see his father alive during a meeting at his investment firm office the night before.
Oland's family has stood by him from the beginning, maintaining his innocence.
The Court of Appeal panel consisted of Drapeau, and justices Margaret Larlee and Kathleen Quigg.