Judge holds judgement on Hoggard's bail request while singer requests permission from the SCOC to appeal
Weiler countered that the “harmless error” assessment is highly case-specific and unlikely to be of interest to the Supreme Court.
A judge from Ontario’s Appeal Court has reserved her decision on whether Canadian musician Jacob Hoggard should be granted bail while he seeks to appeal his sexual assault conviction at the Supreme Court of Canada.
Justice Jill Copeland heard arguments for and against Hoggard's bail application on Tuesday morning.
This hearing comes after the Hedley frontman began serving his sentence.
Crown prosecutor Catherine Weiler argued against the bail motion, contending that Hoggard's proposed grounds for appeal are weak and “unlikely to gain traction” at the Supreme Court.
Hoggard’s lawyer, Arash Ghiassi, who represented Hoggard in his absence, argued that keeping the musician in custody serves no public interest.
Ghiassi emphasized that the Supreme Court should consider the case due to its national significance and inconsistencies in how the law is applied across the country.
In June 2022, a jury convicted Hoggard of sexual assault causing bodily harm against an Ottawa woman but acquitted him of similar charges related to a teenage fan.
He was sentenced to five years in prison but was granted bail pending an appeal to Ontario’s Appeal Court.
The Appeal Court found that the trial judge erred by admitting expert evidence on the neurobiology of trauma, but concluded that this error did not result in a substantial miscarriage of justice. Hoggard's appeal was rejected on all grounds.
Hoggard’s application for leave to appeal to the Supreme Court, filed last week, argues that the Appeal Court misapplied the "harmless error" test. Ghiassi highlighted the need for clarity on this issue, claiming that courts have been inconsistent in applying the law.
Weiler countered that the “harmless error” assessment is highly case-specific and unlikely to be of interest to the Supreme Court.
She also noted that releasing Hoggard on bail could undermine public confidence in the justice system, given the seriousness of the crime.
Ghiassi argued there is no public safety risk in Hoggard’s release, citing his history of bail compliance and the presence of two sureties.
He also mentioned that Hoggard is currently in solitary confinement for his safety.
Weiler countered that protective custody is voluntary and provides the same out-of-cell time as the general population.
Justice Copeland indicated that a decision on Hoggard’s bail will be made later this week.
