R v Aupilardjuk

canada, canadian, case law, court opinion, canlii, nuca, 2024nuca16, 2024 nuca 16 (canlii), 2024, nuca, 16, (canlii), 18-24-015, 2024, criminal procedure, judicial interim release, summary conviction appeals, application for release pending appeal under s. 816 of the criminal code, whether test for judicial interim release requires demonstrating undue hardship or arguable case, criteria for granting release, balancing public versus individual interests, release conditions based on applicant’s compliance and family ties, statutory interpretation, section 816 of the criminal code, scope of release pending appeal, whether undue hardship is required under criminal code for interim release, statutory and judicial guidance on evaluating undue hardship versus arguable case thresholds, criminal infractions, sentencing, use of withdrawn charges, defendant’s prior charges referenced by sentencing judge, compatibility with principles in r v angelillo and s. 725 of criminal code, requirement for consent to consider withdrawn charges, lawful discretion exercised by crown, evidence, appellate review of findings, sentence appeals based on judicial errors, evidence of applicant’s compliance as relevant to release decision, lack of transcript causing uncertainty on prejudicial remarks by sentencing judge, use of prior case law, including r v lacasse, in sentence review