R v Barry

canada, canadian, case law, court opinion, canlii, ntca, 2025nwtca7, 2025 nwtca 7 (canlii), 2025, nwtca, 7, (canlii), a1-ap-2025 000-005, 2025, procedure, judicial interim release pending appeal, criminal code, s. 679(3), onus on applicant on balance of probabilities (r v oland, 2017 scc 17), three statutory criteria applied to post, conviction release, enhanced release plan with surety and conditions considered, application for judicial interim release granted, evidence, jury instructions, demeanour evidence and third party demeanour evidence, whether jury was adequately instructed on permissible use of demeanour evidence, alleged oath helping and need for more accurate instructions, admissibility rulings on third party demeanour evidence, extrinsic misconduct evidence, count, to, count similar fact evidence not yet released, appeal “not frivolous” established, procedure, interim release pending appeal, surrender into custody, whether applicant will likely surrender himself into custody, no prior criminal record and compliance with prior release orders relied on, residence and circumstances considered, enhanced release plan proposed, statutory criterion in criminal code, s. 679(3) met, application for judicial interim release granted, procedure, public interest, public safety and public confidence, whether detention is necessary in the public interest pending appeal, seriousness of sexual offences against young persons and position of trust weighed against compliance and release conditions, public confidence assessed through enforceability and reviewability (r v oland, 2017 scc 17), reviewability outweighs enforceability, application for judicial interim release granted