R. v. Brown

canada, canadian, case law, court opinion, canlii, onca, 2026onca654, 2026 onca 654 (canlii), 2026, onca, 654, (canlii), coa-26-cr-0848; m57325, 2026, procedure, interim release, bail pending appeal, criminal code, s. 679(3), whether applicant established appeal not frivolous, surrender, and public interest criteria, crown concession on not frivolous and surrender, burden on applicant on balance of probabilities, r. v. oland, release ordered, rights and freedoms, charter, search and seizure, canadian charter of rights and freedoms, s. 8, whether detention necessary in public interest given serious breach of charter rights found at trial, trial judge found entry violated s. 8 and serious invasion of privacy, strength of appeal clearly surpasses not frivolous, release ordered, rights and freedoms, public interest, public confidence in administration of justice, whether public confidence required detention balancing reviewability and enforceability, seriousness of firearm, related offences considered with s. 515(10)(c)(ii) to (iv) factors, stringent conditions reduce “turned loose” concern, r. v. papasotiriou, release ordered, procedure, release conditions, sureties, whether strict plan of release mitigated concerns, including house arrest with electronic monitoring, applicant to reside with mother as surety, with electronic monitoring, only permitted to leave in company of surety, conditions similar to those in effect before conviction, release ordered