R v Rodrigez

canada, canadian, case law, court opinion, canlii, abca, 2026abca283, 2026 abca 283 (canlii), 2026, abca, 283, (canlii), 2601-0162a, 2026, procedure, judicial interim release, pending appeal, criminal code, s. 679(1)(a), test from r v oland applied on balance of probabilities, appeal not frivolous and surrender conceded, public interest assessed through public safety and public confidence, release plan with surety, curfew, surrender of passports, application dismissed, procedure, judicial interim release, public interest, public safety, r v oland, whether continued detention is necessary in the public interest based on public safety, prior breach of no, contact condition and repeated contact alleged, robust proposed release plan with surety supervision and curfew considered, risk sufficiently attenuated, application dismissed, procedure, judicial interim release, public confidence in the administration of justice, r v oland, r v st, cloud, whether release pending appeal would erode public confidence, balancing enforceability and reviewability, immediate enforceability of judgments weighed against meaningful review, serious offences and aggravating circumstances emphasised, enforceability prevails, application dismissed, procedure, judicial interim release, merits of appeal, r v w(d), palpable and overriding error, whether grounds of appeal clearly surpass the “not frivolous” criterion, alleged failure to engage with applicant evidence and complainant inconsistencies, deferential review of factual and credibility findings, corroboration by other witnesses and photographs noted, grounds very weak, application dismissed, procedure, judicial interim release, timing and sentence, reviewability considerations, whether likely completion of custodial portion before appeal is heard justifies release, applicant relying on having served nearly half of custodial portion, court treating this as an important consideration, standing alone cannot justify release where offences serious and appeal very weak, application dismissed