Dennis Oland's lawyers seek expedited decision from Supreme Court on bail review
'Eight months is a long time to spend waiting in prison,' while appealing murder conviction, they say
Dennis Oland's lawyers have asked the Supreme Court of Canada for an expedited ruling on whether it will review a New Brunswick court's decision to twice deny him bail pending the appeal of his murder conviction in the death of his father.
Their application for leave to appeal, which was filed with Canada's highest court on April 29, was made public on Tuesday, along with their motion to expedite the application.
Oland's lawyers contend he is a "model candidate" for release and that his case could help clarify an important legal issue for the country.
"In the absence of a constitutionally protected right to bail pending appeal, along with a dearth of clear guidance from the Supreme Court of Canada, it has fallen to Courts of Appeal to determine the varying legal bases upon which such bail may be granted," the 38-page application states. "At present, there is surprisingly no consensus."
"By granting leave in this case, this Honourable Court will have the opportunity to provide clear guidance on what should be, for Canada, the appropriate formulation of the test, a matter of central importance to the administration of criminal justice."
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Oland, 48, is serving life in prison with no chance of parole for at least 10 years, after a jury found him guilty in December of second-degree murder in the 2011 bludgeoning death of his father, prominent businessman Richard Oland.
New Brunswick's highest court rejected Oland's previous bid to be granted bail just last month.
Drapeau noted, however, that Oland's grounds of appeal of his conviction "appear to be serious."
Oland's appeal of his conviction is tentatively scheduled for Oct. 18-21, provided a transcript of his three-month trial can be prepared on time.
"To speak plainly, eight months is a long time to spend waiting in prison and, in any event, that may fall far short of the full measure of time until the decision," Oland's lawyers argue in the Supreme Court application.
No one convicted of murder in the province has ever been granted bail and there have only been 34 such cases across Canada, according to the defence.
Oland 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.
Oland's lawyers, however, in their Supreme Court leave application, argue his case raises two issues of "national interest and public importance."
- When and to what extent should courts consider the strength of the underlying grounds of appeal as part of the 'public interest' component of the test?
- What is the standard applicable to a review a decision on bail pending appeal?
"The answer to these questions will fundamentally define the liberty interests of all convicted persons in custody awaiting an appeal," argue Alan Gold, Gary Miller and James McConnell.
Supreme Court decisions on leave applications take, on average, three months, according to the court's website.
Judgments on appeals are rendered, on average, six months after the hearing of the appeal, it states.
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.
His son was the last known person to see him alive during a meeting at his office the night before.
Oland's lawyers contend the guilty verdict was "unreasonable" in the circumstantial case. They argue the trial judge erred in allowing certain evidence and in his instructions to the jury.