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    Notice of appeal filed by Dennis Oland's lawyers.

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    Notice of appeal filed by Dennis Oland's lawyers.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    386 views18 pages

    Oland Appeal Documents

    Uploaded by

    Heide
    Notice of appeal filed by Dennis Oland's lawyers.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 18
    Court File Number:_2.-Ile - CA IN THE COURT OF APPEAL OF NEW BRUNSWICK BETWEEN: DENNIS JAMES OLAND APPELLANT -and- HER MAJESTY THE QUEEN RESPONDENT NOTICE OF MOTION (FORM 37A) TO: HER MAJESTY THE QUEEN Paul Joseph Veniot, 0.C., Patrick Wilbur, Derek Weaver Office of the Attorney General int John Law Courts PO Box 6001 Saint John, NB E2L 4¥9 Tel: (505) 658-2580 Facsimile: (508) 658-3061 Counsel for the Respondent Numéro de dossier ‘COUR D/APPEL DU NOJVEAU BRUNSWICK ENTRE DEMANDEUR DEFENOEUR AVIS DE MOTION (FORMULE 37A) DESTINATAIRE: MPAA A91UELS WLUEAL F LUN ‘The Appeliant will apply to the Court at 12 Justice Building, Fred New Brunswick on the 1S" day of Shosoag 2018 ‘at 10205,e'elock for an order th (1) the Apsellant be released pending his appeal The grounds to be argued are that the continued detention of the Appellant is ‘not justified under any of the grounds set ut in paragraphs (a), (b) oF (c) of Section 679 (3) ofthe Criminal Code. ‘At the hearing of this Motion the ‘Appellant will ely on Sections 518 and 679 of the Criminal Code. Upon the hearing of the motion the following afidavits or other documentary evidence will be presented: 1. The Affidavit of Dennis Oland dated Jaruary 12, 2016; 2. The Affidavit of Constance Oland dated January 13, 2016; 3. The AMfidavit of Derek Oland dated Jaruary 12, 2018; 4, The Trial Judge's charge to the jury, a copy of which was provided to the avon Le demandeur demandera & la Cour & ve 20108 hh —,dordonner ‘A Taudition de la motion, les afidavits ou les autres preuves litérales sulvantes ‘seront préseniées: jury as Court Exhibit C- 37; “The Trial Judge's ruling on the Charter voir dire (Ruling #2) dated June 10, 2018; “The Trial Judge's ruling on expert evidence (Ruling #3) dated July 29, 2018; ‘The Trial Judge's ruing on the Call Detail Records (Ruling #4) dated ‘September 2, 204 “The Trial Judge's ruling on spousal privilege (Ruling #6) dated September 10, 2015; ‘Such other documentation as counsel ‘may advise and this Honourable Court ‘may permit, You are advised that: Sachez que: (@) you are entitled to issue (@) vous avez le droit démetire documents and present evidence at the des documents et de présenter votre ‘hearing in English or French or both; Prowve & audience en frangaic, on ‘anglais ou dans les deux langues, (©) the Appellant intends to (0) le demandeur a intention proceed in the English language; and Gutliserlalangue et (©). fyou intend to proceed in the (©) si vous avez intention ‘other official language, an interpreter may utiliser autre langue officielle, les: bbe required and you must so advise the Clerk a least 5 days before the hearing, DATED at Upper Kingsclear, New Brunswick, this 20th day of January, 2016. James R. McConnell Counsel for the Appelant Gary & Miler Professional Corporation 168 Vioodbine Lane Uppe: Kingsclear, New Brunswick ‘Telephone : (506) 363-5390 Facsimile : (506) 363-2110 ‘garyemiler.gampe@gmail.com ‘services d'un interpréte pourront étre requis et vous devrez en aviser le greffier ‘au moins § jours avant faudience. FAIT & Upper Kingsclear, Nouveau- Brunswick, le jourde , 2010. ‘Avocat du demandeur Court FileNo:_Z-I@ -ca INTHE COURT OF APPEAL OF NEW BRUNSWICK BETWEEN: DENNIS JAMES OLAND APPELLANT -and- HER MAJESTY THE QUEEN RESPONDENT AFFIDAVIT |, Dennis James Oland, Saint John Regional Correction Centre, 990 Old Black River Road, Saint John, New Brunswick make oath and say as follows: 1. Lam the Applicant in the within application for judicial interim. release and as such have personal knowledge of the matters: deposed to herein except where otherwise stated and where so stated | do verly believe such information to be tru. 2. On Devember 19, 2015 I was convicted of second degree muraer in the death of my father, Richard Oland, which was alleged to hhave occurred on or about July 6, 2011, and Ihave been in custody since the date of my conviction. (On July 7, 2011, | was questioned by members of the Saint John Police Department in connection with my father's death. During that interview, I was told by my interrogator, Constable Stephen Davidson, that he thought | was responsible for my fathers homicide. (On the evening of July 13, 2011, | received a tetephone call from Constable Sean Rocca of the Saint John Police Department asking ‘me to attend at their offices for further questioning in relation to the

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