Bail Pending Appeal Lawyers

Reach out to our Vancouver law office for a free initial consultation with one of our criminal appeals lawyers.

???? Call us today to schedule a confidential consultation – 604.688.8588 (24hrs) 

If you or someone you care about has just been convicted, this page will walk you through:

• What bail pending appeal is
• Who qualifies (even in serious cases)
• What courts look for
• How long it lasts
• Why legal help matters

Who Can Apply for Bail Pending Appeal?

In Canada, you may be able to apply for bail pending appeal, allowing you to remain living in the community while you prepare for your appeal and the Court reviews your case.

Bail pending appeal is when you are released on bail to await your appeal hearing. If you were sentenced to a jail sentence this means you do not have to remain in custody while the process is underway. If you are appealing your conviction, we can help you get bail pending appeal.

Am I Eligible Even for Serious Charges?

Anyone who is making an appeal in Canada is entitled to apply for bail pending appeal, regardless of the nature of their conviction.

Yes — even if you’ve been convicted of a serious offence like sexual assault, drug trafficking, posession of a firearm, or fraud.

But you’ll need to convince the Court, or the Crown Counsel that you ought to be released while your appeal is underway.

Legal Criteria for Release

The Three-Part Test for Bail Pending Appeal

To grant bail, the judge must be satisfied of all three of the following (as outlined in Section 679(3) of the Criminal Code):

1. 1. Your appeal is not frivolous — it has legal merit.
      
   2. You will follow your bail conditions — such as reporting, house arrest, or curfews.
   3. Your release will not harm public confidence in the justice system.

What Happens If Bail Is Denied?

Your application should only be denied if there is a just cause for doing so. This includes if:

• • You are a risk to public safety;
  • You are likely to breach your bail conditions; or
  • Your release will harm public interest

What Is “Just Cause” for Refusal?

Courts will deny bail pending appeal if they believe:

• • You’ve violated previous bail or release orders;
  • You’re unlikely to return to custody if required; or
  • The nature of your offence is too severe to justify release

What the Court Expects From You

Courts consider bail pending appeal applications very carefully. The burden is on you to prove that your appeal has a likely prospect of success, that you will return to custody for your appeal hearing, and that you are not a risk to public safety or interest.

Evidence That Supports Your Release

You’ll need to provide:

• A strong legal argument (called a factum) for why your appeal should succeed;
• A sworn affidavit describing your personal situation and proposed conditions; and
• A detailed plan for where you’ll live and who will supervise you.

????Want to know what paperwork the court expects? → See a step-by-step guide to applying for bail pending appeal. 

The Role of Sureties

We can prepare the application, bringing a motion to the court explaining why you should be granted bail. We can also advise you of the use of sureties.

These people will be responsible for you during bail and may have to pledge a sum of money, which will be paid out if you break the bail conditions.

What Is a Surety?

A surety is someone who:

• Takes legal responsibility for you while you’re on bail;
• Promises to ensure you will follow conditions; and
• May be required to pledge a financial guarantee to the court.

Types of Bail Pending Appeal

Understanding the type of appeal you’re making can help clarify how bail is assessed.

• Sentence Appeal If you’re only appealing your sentence, not the conviction itself, the court still considers whether your detention is truly necessary. You must show your appeal has merit and that you’ll fully comply with all conditions.

• Ministerial Reference If your case is referred to a court by the Minister of Justice under section 696.3 of the Criminal Code, you’re treated like any other appellant. You can apply for bail while your reference is under review, as long as you meet the standard bail criteria.

• Appeal of Conviction Whether you’re appealing a conviction, conviction and sentence, or taking your case to the BC Supreme Court or Court of Appeal, you may still qualify for bail. But the courts will look very carefully at whether releasing you will affect public trust in justice.

Why Legal Representation Matters

An application for bail pending appeal is an entirely separate motion to your actual appeal. Yet the process is nearly as time-consuming and requires just as much legal input.

This is not something you want to navigate alone.

“There’s no room for guesswork at this stage,” says  Joel Whysall, senior criminal defence lawyer at Mickelson, Whysall, Moore & Law Group. “The court expects you to present a complete, credible, and compelling case for release — and that takes strategy, not just paperwork.”

 – With over 20 years of experience, Joel has successfully argued sentence and conviction appeals across British Columbia — including securing bail pending appeal for clients facing serious charges. Joel is known for her strategic courtroom advocacy and her deep commitment to protecting her clients’ rights.

Why We Recommend Legal Help

At our firm, we:

• Craft compelling bail arguments tailored to your case 
• Prepare all forms and affidavits 
• Represent you clearly and persuasively in front of a judge

What Does Success Look Like?

Here’s a real example from our firm:

One of our clients had pled guilty to drug trafficking and was originally sentenced to jail. They were represented by another lawyer for the sentencing hearing.
When the client came to us, we filed a sentence appeal on the basis of their serious medical condition (COPD) and the risks posed by COVID-19 in correctional facilities.
The result? The original sentence was overturned. The client received a suspended sentence and did not serve time in jail.

Strategic advocacy made the difference — and it can for you, too.

How Long Does Bail Last?

If granted, bail lasts until the court hears and decides your appeal. This can take several months, depending on the level of Court, Court availability and the complexity of your case.

What Happens After Your Appeal?

• • If you win the appeal: you may avoid further custody entirely. 
  • If you lose: you’ll return to custody to serve the rest of your sentence. 
  • If you break your bail terms: your surety may lose their money, and you may not get bail again.

Take Action Now

Contact us now

We understand you want to be home. While we prepare your appeal, we can also apply for bailing pending appeal. This ensures you can return home, or to an agreed location, until the date of your appeal hearing. This will be a huge relief, providing a degree of comfort and freedom until further legal proceedings have concluded.

Every hour in custody counts. The sooner you act, the better your chances.

Work With Trusted Criminal Defence Lawyers

20+ years of appellate defence experience
Strategic, detail-driven bail applications
Available 24/7 across British Columbia

???? Call A Lawyer Now – 604.688.8588 (24hrs)
Offices in Vancouver | Serving all of BC