Oland wrongly denied bail: top court

• Dennis Oland was wrongly denied bail pending an appeal of his second- degree murder conviction, the Supreme Court of Canada says in a judgment that clarifies the grounds for granting release to people who challenge a finding of guilt.

The unanimous high court ruling Thursday had no immediate effect on Oland’s high-profile case, given that he is no longer in custody while awaiting a new trial. But the 9-0 decision breaks new ground on bail eligibility in appeal matters and is therefore almost certain to have influence beyond the sensational New Brunswick case.

Well-known businessman Richard Oland was bludgeoned to death in his Saint John, N.B., office in July 2011, and his son Dennis, now 49, was convicted in 2015. He was sentenced to life in prison with no chance of parole for 10 years.

Oland appealed in January 2016 and sought release, but the bail request was turned down — a decision later affirmed by the New Brunswick Court of Appeal.

Oland was subsequently granted release by the same court last October, when a new trial was ordered after he had spent almost a year in prison. That made his appeal to the Supreme Court moot.

Nevertheless, his lawyers continued to pursue the bail eligibility matter.

In denying bail last year, a New Brunswick judge said that while Oland posed no danger to the public, the seriousness and brutality of the crime weighed in favour of his detention.

A three-judge panel of the appeal court agreed, saying that while it was a “judgment call,” there was no error in law.

In its ruling, the Supreme Court disagreed.

Justice Michael Moldaver said in the court’s reasons that Parliament did not restrict the availability of bail pending appeal for people convicted of murder, or any other serious crime, “and courts should respect this.”

When deciding to grant bail to someone awaiting an appeal, judges will “draw on their legal expertise and experience” in weighing factors that affect public confidence, he wrote. These include the strength of the grounds of appeal, the seriousness of the offence, public safety and flight risks.

But in balancing these factors, judges should keep in mind that confidence “is to be measured through the eyes of a reasonable member of the public,” he added. “This person is someone who is thoughtful, dispassionate, informed of the circumstances of the case and respectful of society’s fundamental values.”

A new murder trial is expected next year at the earliest.