Thank you, Madam Chair.
I don't sound nearly as smart as Mr. Brock. I'll probably ask questions that might be a bit repetitive, but I'll ask them in my own way.
One thing is interesting to me here, and perhaps I'm wrong on this. When we look at bail when somebody goes to the court of appeal, it's that court that issues process on bail and that fixes bail. If they're convicted in Supreme Court or the Court of King's Bench, it's not that court; it's the court of appeal.
In this instance, I'm assuming that the court of appeal would fix bail on terms and conditions that it sees fit. However, it's doing it in respect of a process that it has absolutely no control over, because this is a parallel process, as I understand it.
Could there be issues arising by virtue of the fact that we have a court addressing bail, and then it's not a court—it's a tribunal of sorts, or a commission—that's addressing the issue of wrongful conviction?
Secondly, would it be helpful if there were enumerated considerations for bail when somebody is released on bail, on the basis that their conviction is being investigated? I believe the threshold is “reasonable grounds to believe that a miscarriage of justice may have occurred”.
We haven't got to clause 3 yet. As we know—Mr. Fortin is smiling—that itself is going to be a very interesting question. What does “reasonable grounds to believe...may have occurred” mean? A possibility of occurrence is one thing. I mean, that's why we talk about reasonable doubt and whether the doubt is a reasonable one, and then the reasonable grounds factor into that.
What's the threshold, then? I think that an appellate court judge would probably want to know the likelihood of success of this appeal. If memory serves—I don't have my code on me—there are matters within the code that an appellate judge can consider. For instance, “I believe the likelihood of success on appeal....”
Now, at this point, too, we could look at the distinction between the court of appeal...because there, they've only filed the appeal, right? In this instance, they've actually surpassed an initial threshold.
In this instance.... I'll let you get your paper there.