A conviction is not the end of the road. In Canada, the law recognizes that even after a guilty verdict, justice must still be served — fairly, fully, and with integrity. That’s why our legal system allows for Bail Pending Appeal, a crucial lifeline that lets individuals remain free while their appeal is being reviewed.

Being convicted is one of the most frightening moments in a person’s life. But if you’re appealing your case, there’s still a path forward — one where you don’t have to wait behind bars. Bail pending appeal allows you to press pause on punishment while the system takes a second look at your case.

At Mickelson, Whysall, Moore & Law Group, we understand that every hour spent in custody while you wait for justice is an hour too long. We have helped countless clients secure their release on bail pending appeal — and we’re ready to fight for yours.

What Is Bail Pending Appeal — and Why Is It So Hard to Get?

 Section 679 of the Criminal Code of Canada governs bail pending appeal. It provides that a judge of a Court of Appeal may release an appellant from custody while the appeal is pending if:

• the appellant has filed a Notice of Appeal or a Notice of Application for Leave to Appeal (in the case of an appeal against conviction, an appeal from a summary conviction appeal, or an appeal or application for leave to appeal to the Supreme Court of Canada); or
• the appellant has been granted leave to appeal (in the case of an appeal against sentence alone).

If you’ve been convicted and are appealing your case, you may be eligible to be released from custody while the appeal is considered.

What Makes Bail Pending Appeal Different

Unlike pre-trial bail, the applicant is not presumed innocent and bail is not routinely granted.

You’ve already been convicted, and the justice system assumes you’re guilty. That means the bar is higher, and the strategy needs to be airtight.

You must satisfy three legal criteria:

1. Your appeal must not be frivolous. Show your appeal has real legal merit (not just that you disagree with the outcome)
2. You must show you’ll surrender into custody if required. Prove you’ll follow strict bail conditions (including supervision and sureties)
3. Your release must not harm the public interest.Convince the judge that your release won’t shake public trust in the justice system

Each of these is more than a checkbox — they are complex legal hurdles requiring a precise and strategic approach.

This isn’t the kind of bail hearing you may have faced before trial. The courts apply a higher standard — and that means your lawyer needs to go above and beyond. At this stage, the right legal strategy can literally determine whether you’re free or detained for months.

???? Unsure if you qualify for bail pending appeal? → Learn who qualifies — and why the court’s criteria matter

Why It Matters: The Stakes Are Enormous

Your appeal might take months. Your life shouldn’t be on hold while you wait.

Spending time in custody before an appeal is heard can have devastating effects:

• You may lose your job.
• You may be separated from your children and family.
• You may serve time for a conviction that might be overturned.

Bail Pending Appeal is your chance to press pause — not just on your sentence, but on the cascade of consequences that follow a conviction.

If you wait too long, those consequences stack up. We’ve seen it: a parent unable to attend their child’s graduation, a worker let go because they couldn’t return to their job, or a student missing critical academic deadlines — all before the court even ruled on the appeal.

Backed by Law, Driven by Strategy

A growing body of Canadian academic research highlights that pre-appeal detention can unjustly punish individuals before final adjudication. Courts are increasingly aware of these injustices. Awareness alone isn’t enough. You need a skilled legal team that can turn insight into action.

How We Help You Win

We don’t do cookie-cutter applications. We:

• Build airtight legal arguments
• Work with your family to identify the right sureties
• Draft every affidavit and legal form you need
• Represent you in front of the judge with clarity and urgency

And we move fast. Because every day matters.

Recent Wins: Securing Bail Pending Appeal for Our Clients

At Mickelson, Whysall, Moore & Law Group, we understand that being granted bail pending appeal can make a profound difference in the lives of individuals awaiting the outcome of their case.

In one case, our client was convicted by a jury of sexual assault and sentenced to four years in prison.

1. He retained Joel Whysall and the team to handle his appeal.
2. We brought an application for bail pending appeal, arguing that the trial judge had committed three distinct errors of law.
3. The Court of Appeal agreed that the appeal had clearly surpassed the “not frivolous” threshold and granted our client’s release from custody while the appeal is pending.

In another matter, our client was sentenced to 3.5 years’ imprisonment for trafficking a significant quantity of cocaine.

1. Within weeks of his sentencing, Joel Whysall and team brought an application for bail pending appeal.
2. We argued that the sentencing judge made three errors of principle and imposed a demonstrably unfit sentence.
3. The Court agreed to release our client on bail while his appeal proceeds.

These cases highlight the importance of experienced appellate counsel and the critical role that bail pending appeal can play in the lives of our clients. If you or someone you know is considering an appeal, contact us to see how we can help.

Why Choose Us?

• Decades of Appellate Experience;
• Track Record of Successful Bail Pending Appeal Applications;
• Strategic, Persuasive Courtroom Advocacy; and
• Unwavering Commitment to Client Freedom.

Our clients aren’t just case numbers — they’re fathers, mothers, students, workers, and human beings who deserve every legal opportunity for justice. We fight for their freedom as if it were our own.

We believe that bail pending appeal is about more than legal criteria — it’s about what’s right. You’ve already been sentenced. You shouldn’t be punished twice — once by the verdict, and again by waiting in jail for it to be reviewed.

Take Action Before Time Runs Out

Time is of the essence. Once you are sentenced, the clock starts ticking. A strong, well-prepared application can be the difference between weeks in jail or months of freedom while your case is heard.

The sooner we begin, the stronger your application can be. Judges expect precision, not panic. Let us help you prepare the most persuasive argument possible — quickly and thoroughly.

???? Call us today to schedule a confidential consultation – 604.688.8588 (24hrs) 
???? Offices in Vancouver, with representation across British Columbia.
 ✉️ [email protected]

????Ready to apply but not sure what the process looks like? → Here’s what the application process actually looks like