Dennis Oland arrives for his bail hearing at the Court of Appeal in Fredericton, N.B. on Feb. 17, 2016.Andrew Vaughan/The Canadian Press
Dennis Oland has asked New Brunswick's highest court to release him pending the appeal of his conviction for a charge of second-degree murder related to his father's death.
Alan Gold, Oland's lawyer, said an application was filed Friday asking the Chief Justice for leave to appeal an earlier decision denying bail.
Earlier this month, Justice Marc Richard said Oland is not a danger to the public, but that's not a good enough reason to grant him bail.
No convicted murderer has ever been granted bail while awaiting appeal in New Brunswick.
On March 7, defence lawyers will ask Chief Justice Ernest Drapeau for leave to appeal and if he grants it, Gold said arguments will be heard immediately.
If Drapeau refuses bail, Gold said an appeal to the Supreme Court of Canada is unlikely.
The body of Richard Oland was discovered face down in a pool of blood in his Saint John office on July 7, 2011.
He had suffered 45 blunt and sharp force blows to his head, neck and hands.
Oland was convicted in December and has begun serving a life sentence with no chance of parole for 10 years.
It will likely be October before the New Brunswick Court of Appeal will hear an appeal of the conviction.