In R. v. Akram, 2025 ONCA 158, the Ontario Court of Appeal revisited an important question for anyone facing a conviction: when should bail be granted while an appeal is pending? The case highlights how courts weigh public safety, the strength of appeal grounds, and the need to ensure that a conviction can be meaningfully reviewed.
Background of the Case
The applicant in this case was convicted of:
- Pointing a firearm
- Assault with a weapon
- Possession of a weapon for a dangerous purpose
The allegations arose from a dispute over an unpaid drug debt of just $220. The complainant alleged that the applicant pointed a firearm at her mother, but no firearm was ever recovered, and no physical evidence of a shooting was found. Despite denying the allegations, the applicant was sentenced to two years less a day in custody plus probation.
The Bail Pending Appeal Application
After conviction, the applicant sought bail while waiting for his appeal to be heard.
- Applicant’s Position: He argued that the trial judge improperly relied on text messages and post-offence behaviour to convict him. He also stressed his clean prior record, three years of compliance with bail conditions, and ongoing health concerns. Importantly, he pointed out that his sentence could be nearly completed before the appeal was even heard.
- Crown’s Position: Unusually, the Crown consented to his release. They emphasized the applicant’s strong record of compliance, absence of outstanding charges, and lack of safety concerns raised by police or the complainants.
Despite this, a bail judge denied bail pending appeal, finding that public confidence outweighed reviewability.
The Court of Appeal’s Decision
The Ontario Court of Appeal disagreed and overturned the bail judge’s ruling. Writing for the Court, Associate Chief Justice Fairburn made several key findings:
- Public Interest Requires Full Consideration of Appeal Grounds
- The bail judge erred by only looking at the sentence appeal, ignoring the arguable grounds of appeal against conviction. Issues around the use of text messages and credibility assessments clearly surpassed the “not frivolous” standard.
- Public Safety Was Not a Concern
- The Court emphasized that the Crown had nine reasons for consenting to bail, including the applicant’s history of compliance and the absence of firearms or safety risks. These were not properly considered by the bail judge.
- Reviewability vs. Enforceability
- Because the applicant would likely serve most of his sentence before the appeal was decided, the Court stressed the importance of meaningful review. Reviewability, in this case, outweighed the enforceability of the sentence, even with serious charges.
The Court of Appeal ultimately granted the applicant bail on terms agreed to by the parties.
Why This Case Matters
This decision illustrates how Ontario courts approach bail pending appeal:
- Bail can be granted even in serious cases if the grounds of appeal are arguable.
- Public safety remains a priority, but compliance with past bail conditions strongly supports release.
- The justice system recognizes that an appeal must be meaningful, not theoretical. Serving most of a sentence before an appeal is heard undermines the right to review a conviction.
Key Takeaway for Clients
If you or a loved one is convicted and considering an appeal, bail pending appeal may be available. Courts carefully balance the seriousness of the offence with your right to have the case properly reviewed. Strong grounds of appeal, a clean record, and prior compliance with bail conditions can significantly improve your chances.
At IQBAL LAW, we represent clients in bail hearings, appeals, and all aspects of criminal defence. If you are facing a conviction or wish to appeal, contact us for strategic and experienced representation.
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.