Dennis Oland's bail appeal not issue of 'national importance,' Crown argues

The Supreme Court of Canada should not review a decision to deny Dennis Oland bail pending the appeal of his second-degree murder conviction in the 2011 death of his father because his case does not raise "a matter of national importance," the Crown contends.

"It is overreach" forOland's lawyers to suggest otherwise in their requestto have the country's highest court overturn his bail denial by the Court of Appeal of New Brunswick, prosecutors Kathryn Gregory and Derek Weaver argue in their response to the defence's application.

"The applicant is not raising a matter of national importance but a disagreement with the Court of Appeal's failure to find anerror" in the initial bail denial by Justice Marc Richard," the 28-page response filed on Friday states.

• Dennis Oland's lawyers seek expedited decision from Supreme Court on bail review
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Oland'sdefence filed an application for leave to appealto the Supreme Court on April 29, along with a motion to expedite a decision on the matter.

Theycontend Oland is a "model candidate" for interim release and thathis case could "provide clear guidance" on whensuch bail may be granted,a "matter of central importance to the administration of criminal justice."

"At present, there is surprisingly no consensus," Alan Gold, Gary Miller and James McConnell arguein their 38-page application.

The Crown, however, contends that "is simply not accurate," citing a 1975 case the deals with the "public interest" componentofbail pending appeal, which has been "referenced, relied upon and persists unchallenged to this day by appellate level courts across Canada."

The Supreme Court is not obliged to hear the case. If it refuses, Oland will remain behind bars until his appeal can be heard. Itis tentatively scheduled for Oct.18-21.

No one convicted of murder in New Brunswick has ever been granted bail beforeand there have only been 34 such cases across Canada, according to the defence.

Oland, 48, has been in custody since Dec. 19, when a jury found him guilty of second-degree murder in the 2011 bludgeoning death of his father, prominent businessman RichardOland.

He has been seeking release since Feb. 12, the day after he was sentenced to life in prison with no chance of parole for at least 10 years.

The Supreme Court application was filed just four weeks after the Court of Appeal rejected his request for a second time.

Court of Appeal Chief Justice Ernest Drapeausaid in hisApril 4 rulinghe was "duty bound" to uphold an earlier decision to deny Oland bail on thegrounds thatreleasing a convicted murderer pending appeal could shake the public's confidence in the justice system.

Supreme Court decisions on leave applications take, onaverage, three months, according to the court's website.

Judgments onappeals are rendered, on average, sixmonths after the hearing of the appeal, itstates.

The Crown has said it "does not oppose" the defence's motion to expedite the matter.

Richard Oland, 69, was found beaten to death in his Saint John office on the morning of July 7, 2011. He was lying face down in a pool of blood with 45 sharp and blunt force injuries to his head, neck and hands. No weaponwas ever found.

His son, Dennis Oland, was the last known person to see his father alive during a meeting at his investment firmoffice the night before.

Dennis Oland's family has stood by him from the beginning, maintaining his innocence.

Under the Criminal Code, bail pending appeal can be granted if the appeal is not frivolous, if the offender is not a flight riskand if detention is not necessary in the public interest.