R. v PS

canada, canadian, case law, court opinion, canlii, nlca, 2026nlca28, 2026 nlca 28 (canlii), 2026, nlca, 28, (canlii), 202601h0032, 2026, procedure, judicial interim release pending appeal, criminal code, s. 679(3), criteria for release pending appeal applied, onus on accused on balance of probabilities, public interest includes public safety and confidence in administration of justice, structured release plan, surety, reporting, curfew, and no, contact conditions considered, application allowed, procedure, appeal pending, not frivolous threshold, criminal code, s. 679(3)(a), whether grounds of appeal are not frivolous, ineffective assistance of trial counsel alleged, miscarriage of justice asserted, trial judge alleged to have admitted statements without voir dire or articulated basis, arguable basis and “very low” threshold assessed, criterion satisfied, release granted, procedure, surrender into custody, flight risk assessment, criminal code, s. 679(3)(b), whether applicant will surrender if appeal unsuccessful, dated failures to appear weighed against significant ties to community, prior compliance in relation to offences under appeal considered, criminal record and past breaches reviewed, criterion satisfied, release granted, procedure, public interest, public safety and confidence in administration of justice, criminal code, s. 679(3)(c), s. 515(10)(b), whether detention is necessary in the public interest, likelihood of further offences found but manageable by surety and strict conditions, enforceability and reviewability interests balanced, detention not necessary, application allowed