Dennis Oland loses bid to have Supreme Court hear bail appeal earlier

Dennis Oland's defence lawyers have lost a bid to have the Supreme Court of Canada hear his bail appeal earlier than already scheduled.

The country's highest court agreed last month to hold an expedited hearing on Oct. 31 for Oland's appeal of a New Brunswick court decision to deny him bail while he appeals his second-degree murder conviction in the 2011 bludgeoning death of his father, multimillionaire Richard Oland.

But Eugene Meehan, an Ottawa-based lawyer serving as the agent for Dennis Oland on his bail appeal, recently sent a letter to the Supreme Court's registrar, pointing out there was an opening in the court's calendar on Oct. 4.

"We note this date, morning or afternoon, is fully available. Would you be so kind as to consider that the Oland appeal be scheduled for that date."

• Dennis Oland's bail appeal date set for Oct. 31 by Supreme Court
• Dennis Oland's bid for bail appeal granted by Supreme Court

​Oland's defence team was hoping to get the bail appeal heard before his conviction appeal, which is currently scheduled for Oct. 18 at the Court of Appeal of New Brunswick in Fredericton.

D. Lynne Watt, who is acting as the Ottawa agent for the Crown, stated in an email to the Supreme Court's registrar that prosecutors did not oppose the request to bump up the bail appeal.

"So long as the remainder of the schedule is adjusted so that the respondent continues to have at least six weeks after receiving the appellant's materials to file its responding materials," the email stated.

But the Supreme Court has refused the request and the bail appeal will proceed as scheduled on Oct. 31, officials confirmed to CBC News.

Sept. 6 deadline to intervene

​Anyone who wants to intervene in the bail appeal must serve and file a motion for leave to intervene by Sept. 6.

Oland's lawyers and the Crown must file their responses, if any, by Sept. 9. Replies to any responses will be due by Sept. 12.

Oland, 48, is currently serving a life sentence with no chance of parole for at least 10 years after being found guilty by a jury on Dec. 19, 2015, following a three-month trial in Saint John's Court of Queen's Bench.

The body of Richard Oland, 69, was discovered lying face down in a pool of blood in his Saint John investment firm office on July 7, 2011. He had suffered 45 sharp and blunt force injuries to his head, neck and hands. No murder weapon was ever found.

The Criminal Code of Canada allows bail to be granted, pending an appeal, if the appeal is not frivolous, the convict's detention is not necessary in the public interest, and the convict agrees to surrender into custody at the appropriate time.

Court of Appeal Justice J.C. Marc Richard refused to grant bail to Dennis Oland, stating "the confidence of the public in the administration of justice would be undermined" if a convicted murderer were to be released pending appeal.

Richard's decision was later upheld by a three-justice panel of the New Brunswick Court of Appeal.

In seeking leave to appeal the bail denial, Oland's lawyers stated the case provided an opportunity for the country's highest court to clarify the legal test for granting bail pending appeal.