The Court of Appeal for Ontario has denied a bail request from disgraced musician Jacob Hoggard while his lawyers mount another appeal of his sexual assault conviction.
In a decision released Friday, Justice Jill Copeland said she does not believe the former Hedley frontman has a strong leave application to the Supreme Court of Canada — but did leave the door open to reexamine her decision should the country’s highest court decide to hear Hoggard’s case.
“At this stage of the proceedings, where the applicant’s conviction has been unanimously affirmed by this court and it appears unlikely that he will be granted leave to appeal, I am satisfied that the public interest in enforcing the sentence imposed on the applicant outweighs his interest in a second review of his conviction,” she wrote.
“If the Supreme Court of Canada grants leave to appeal, the balance may change and a reassessment of the applicant’s bail status may be warranted.”
Hoggard was found guilty of sexual assault causing bodily harm against an Ottawa woman in June 2022 and was later sentenced to five years behind bars. He was released on bail hours later pending an appeal to the Court of Appeal for Ontario.
A three-judge panel ultimately upheld Hoggard’s conviction last month, and he then surrendered into custody.
Hoggard’s notice of application for leave to appeal argues the three-judge panel erred in its decision and says there are questions of “national and public importance” at play in the case.
The 40-year-old has also said he has faced threats while in custody, In a court filing reviewed by CBC News, Hoggard said he’s been held at the Toronto South Detention Centre (TSDC) since Aug. 16 and is now “housed in a solitary cell.
“I am placed in the special handling unit because of concerns about my safety resulting from my career as a well-known singer and the media publicity my case has attracted,” he said in an affidavit sworn last week.
The general inmate facility of the Toronto South Detention Centre in Toronto is shown during a media tour on Oct. 3, 2013. (Nathan Denette/The Canadian Press)
Copeland also touched on that statement in her ruling, saying it’s unlikely Hoggard will be at that facility much longer considering he would transfer to a federal institution to serve the bulk of his sentence once a second trial he faces on different charges concludes.
“The applicant is scheduled to face trial in northern Ontario beginning on September 23, 2024 — in less than two weeks. Crown counsel advised that the Crown intends to obtain a judge’s order to have the applicant transferred to the North Bay Jail for the duration of that trial,” she wrote.
