Canadian musician Jacob Hoggard is seeking leave to appeal his sexual assault conviction before CanadaBԪַs top court.
Hoggard filed a notice of application for leave to appeal to the Supreme Court of Canada earlier this week, arguing the Court of Appeal for Ontario BԪַ which recently upheld his conviction BԪַ failed to apply the proper test in determining whether an error made by the trial judge constituted a BԪַharmless error.BԪַ
The proposed appeal raises questions of BԪַnational and public importanceBԪַ that relate to the fairness of the trial and HoggardBԪַs submission that he was wrongfully convicted, the application argues.
A lawyer representing Hoggard declined to comment further.
Meanwhile, the Appeal Court said the Hedley frontman will be seeking bail at a hearing on Tuesday.
A three-judge appeal panel upheld HoggardBԪַs conviction last month.
HoggardBԪַs lawyers had appealed on four grounds, including that the trial judge erred by admitting the evidence of clinical psychologist Lori Haskell on the neurobiology of trauma.
In a unanimous ruling, the court found the trial judge had erred in admitting the expertBԪַs evidence in part because it risked being misused by the jury to reason backwards that the trialBԪַs two complainants had experienced a sexual assault.
However, the judge corrected any potential misuse in answering the juryBԪַs questions, and as a result, BԪַthere was no substantial wrong or miscarriage of justice,BԪַ the court found.
The court found the trial judge did not make any errors regarding the other grounds raised in the appeal.
Hoggard was found guilty in June 2022 of sexual assault causing bodily harm against an Ottawa woman, an offence the presiding judge called a BԪַparticularly degrading rape.BԪַ
He was also found not guilty of the same charge and of sexual interference, a charge that refers to the sexual touching of someone under 16, in relation to a teenage fan.
He was later sentenced to five years behind bars, but was released on bail hours later.
Hoggard began serving his sentence when his appeal was dismissed last month.
The musician, whose band rose to fame after he came in third on the reality show Canadian Idol in 2004, was charged in 2018.
Hedley went on an indefinite hiatus when allegations of sexual misconduct surfaced. Its last show was in Kelowna, B.C., on March 24, 2018.