The appellant applied for release pending determination of his appeal on convictions of child luring under s. 172.1(4) of the Criminal Code and communication for the purpose of prostitution with a person under 16 under s. 286.1.
The appellant was sentenced to one year imprisonment.
The respondent opposed release on the basis that the appeal was frivolous.
The appellant argued that a pending Supreme Court decision in R. v. Morrison regarding the interpretation of s. 172.1(4) would be relevant to his appeal and that his continued custody would be manifestly unjust pending that decision.
The court dismissed the application, finding that the appellant failed to meet the threshold to demonstrate the appeal was not frivolous.
