SAINT JOHN, N.B. — Dennis Oland's lawyers are asking the Supreme Court of Canada for an expedited decision on his bail application while he appeals his murder conviction.
In papers released Tuesday, Oland's lawyers argue that the New Brunswick courts applied "high standards" that are out of step with similar cases elsewhere in Canada.
They say there is "a dearth of clear guidance from the Supreme Court of Canada" as to when grant bail pending appeal, and the Oland case gives the top court a chance to clarify.
"The answer … will fundamentally define the liberty interests of all convicted persons in custody awaiting an appeal," Oland's application argues.
The lawyers repeat earlier assertions that Oland is a "model candidate" for bail.
The former investment adviser received a life prison sentence this year after being convicted of second-degree murder in the death of his father, prominent New Brunswick businessman Richard Oland.
Oland was found dead in his Saint John office in July 2011, the victim of a beating during which he suffered 45 blows to his head, neck and hands.
The younger Oland is appealing his murder conviction and asked the New Brunswick courts to grant him bail while the appeal is being prepared, but his request was rejected.
No person convicted of murder has ever been granted bail in New Brunswick.
The appeal is scheduled to begin Oct. 18, and one lower court judge said that wasn't an inordinately long time to wait behind bars.
In their filing Tuesday, Oland's lawyers disagreed.
"To speak plainly, eight months is a long time to spend waiting in prison and, in any event, that may fall far short of the full measure of time until the decision," they argue.
The Olands are an establishment family in the history of the Maritimes, having founded Moosehead Breweries, although Richard Oland left the family business in 1981.
The Canadian Press