Ontario Court Clarifies Bail Pending Appeal Rules

When Can You Get Bail After a Conviction in Ontario?

In R. v. Akram, 2025 ONCA 158, the Ontario Court of Appeal revisited a crucial issue for anyone convicted of a crime: when should bail be granted while an appeal is underway?

This recent decision sheds light on how Ontario courts balance public safety, the strength of the appeal, and the right to a meaningful review of a conviction.

Case Overview

The applicant in Akram had been convicted of:

• Pointing a firearm
• Assault with a weapon
• Possession of a weapon for a dangerous purpose

The charges stemmed from a dispute over a $220 drug debt. The complainant claimed that the applicant pointed a gun at her mother, though no firearm was ever recovered and there was no physical evidence of a shooting.

Despite denying the allegations, the trial court sentenced the applicant to two years less a day in custody, followed by probation.

Seeking Bail Pending Appeal

Following the conviction, the applicant applied for bail pending appeal, asking to remain free while his appeal was heard.

Applicant’s Arguments

He maintained that the trial judge:

• Improperly relied on text messages and post-offence conduct
• Failed to properly assess credibility

He also pointed to:

• A clean criminal record
• Three years of perfect bail compliance before trial
• Medical issues requiring attention
• The fact that he might serve most of his sentence before the appeal was decided

Crown’s Position

Unusually, the Crown consented to release, citing:

• Excellent compliance with prior bail
• No outstanding charges or safety concerns
• Support from both police and complainants

Nevertheless, the bail judge denied release, stating that maintaining public confidence outweighed other factors.

Court of Appeal’s Decision

The Ontario Court of Appeal overturned the decision, granting bail on agreed-upon terms. Associate Chief Justice Fairburn outlined three key points:

1. Appeal Grounds Must Be Properly Considered

The bail judge erred by focusing only on the sentence appeal instead of the arguable conviction appeal. Issues involving text messages and credibility clearly met the “not frivolous” test required by law.

2. Public Safety Was Not Threatened

The Court noted that the Crown had nine reasons for consenting to release, including the lack of safety concerns. The bail judge overlooked these important factors.

3. Reviewability Outweighs Enforceability

Because the applicant’s sentence could nearly expire before the appeal was heard, the Court held that the right to a meaningful appeal review outweighed the need to immediately enforce the sentence.

Why This Decision Matters

The Akram decision provides valuable guidance on bail pending appeal in Ontario:

• Serious charges don’t automatically block bail—if there are strong, arguable grounds of appeal.
• Public safety and compliance history remain crucial considerations.
• Meaningful review of convictions is a cornerstone of justice; an appeal should not become pointless because a sentence is nearly complete.

Key Takeaway for Defendants

If you or someone you know has been convicted but intends to appeal, bail pending appeal may be possible. Courts weigh the seriousness of the offence against your right to a fair review.

Strong grounds of appeal, a clean record, and past compliance with bail conditions can significantly increase your chances of release.

Contact an Ontario Criminal Lawyer

At IQBAL LAW, we represent clients in criminal matters. Our team provides experienced, strategic defence to ensure your rights are protected at every stage.

Contact us today to discuss your case and explore your options.

DISCLAIMER:

The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.

 

Questions about this topic? See our page on bail hearings in Mississauga, or call (289) 652-0529.