James Bowie, a former lawyer from Ottawa, has had his appeal dismissed and his request for bail denied. Bowie, 43, was sentenced to four years in prison for criminal harassment, extortion, and making threats against a former client, Leanne Aubin. He was found guilty in March of this year.
During the trial, Bowie was convicted of criminal harassment and extorting a friend by pressuring her to acquire a gun to "take care" of Aubin. Although he was acquitted of one count of extortion related to Aubin, he was found guilty of threatening her life. On September 2, he received a four-year prison sentence, with 59 days credited for time already served, leaving him with 46 months remaining in his sentence.
Bowie's lawyer, Matthew Wolfson, argued in the Court of Appeal for Ontario that the trial judge, Justice Paul Cooper, erred by relying on Aubin's testimony after the Crown dismissed the extortion charges. Wolfson contended that this dismissal rendered Aubin's evidence irrelevant. He also claimed that Cooper exhibited a "reasonable apprehension of bias" when he revoked Bowie's bail following the guilty verdict.
Justice Gary Trotter, writing for the appeal court, noted that Wolfson's argument regarding bias was not a basis for the bail application. Wolfson proposed that Bowie be released on bail with his mother as a surety, similar to his previous bail conditions, which had allowed him to remain free for over two years with his father as a surety.
However, Crown attorney Akshay Aurora argued against the bail request, citing public safety concerns and the need to maintain public confidence in the justice system. Aurora described the appeal as "frivolous" and emphasized the serious nature of Bowie's threats against Aubin. The court acknowledged the victim impact statements from Aubin and another individual, both expressing significant fear of Bowie.
In his decision, Trotter stated that while the appeal was not frivolous, it was weak given the overwhelming evidence against Bowie. He highlighted that the presumption of innocence does not apply after a conviction. Trotter expressed concerns for public safety, referencing Bowie's testimony during the trial, where he claimed to be the victim.
Trotter concluded that granting bail would undermine public confidence in the justice system. He described Bowie's actions as severe and committed under aggravating circumstances, noting that Bowie had victimized vulnerable individuals seeking help. The judge emphasized that the nature of Bowie's crimes warranted the dismissal of his bail application.