The court cited his strict bail plan and first-time offender status for its decision
An Ontario man who has been convicted of dozens of “serious” firearms offences can be released on bail while his appeal is pending, the Ontario Court of Appeal ruled Tuesday.
In its decision, the court called the case “a close call.” While the seriousness of the offence tips the scales toward enforcing the man’s sentence, that argument “is mitigated by the applicant’s sustained and uninterrupted full compliance with strict bail conditions, the strength of the proposed, strict bail pending appeal plan, and the fact that the applicant is a first-time offender,” the court wrote.
Morthaza Amirdad was convicted of 50 firearms offences in September 2024. In February, a court sentenced him to seven years in custody, taking into account his presentence custody and restrictive bail conditions.
Amirdad appealed his sentence and asked to be released while his appeal was pending. The Crown objected to Amirdad’s release, arguing that his appeal was weak and that he failed to demonstrate how his detention was not in the public’s interest.
However, the Crown admitted that Amirdad has shown he would likely surrender himself to custody according to the terms of the release order.
In his appeal, Amirdad argued that the trial judge made numerous errors, including failing to objectively assess tips from a confidential informant that had been used to justify his arrest. The applicant argued that under the standard set in a 1989 Supreme Court of Canada decision called R. v. Debot, police officers must assess whether information from confidential sources is compelling, credible, and corroborated.
While the OCA declined to reach a conclusion on this argument, the court said this alleged error is clearly not frivolous and “constitutes a credible ground of appeal.” Based on this finding, the court allowed the appeal to move forward but said Amirdad’s other grounds for appeal “appear substantially weaker than the Debot ground.”
Regarding his release, Amirdad argued that he had no previous criminal record and had complied with the terms of his release for more than two years without issue. He also said his proposed bail plan is strict and would involve supervision by his older brothers, both employed Canadian citizens without criminal records. The plan also includes strict house arrest conditions, with limited exceptions for medical emergencies, court appearances, and meetings with counsel.
The Crown did not have concerns about Amirdad’s specific circumstances. However, the government argued that illegal handguns pose a substantial threat to public safety, telling the court, “Public confidence would be undermined if an offender actively engaged in spreading that cancer is released pending a frail appeal.”
While the OCA acknowledged “there is no dispute that the offences of which the applicant has been convicted are serious,” the court sided with Amirdad, granting his application to be released while his appeal is pending.
A spokesperson for the Ontario Ministry of the Attorney General declined to comment on the decision since the case is under appeal.
Counsel for Amirdad did not respond to a request for comment.
