Jacob Hoggard will remain behind bars while he tries to appeal his sexual assault conviction at Canada含羞草研究社檚 top court, a justice with Ontario含羞草研究社檚 Appeal Court ruled Friday, calling the musician含羞草研究社檚 attempt unlikely to succeed.

Justice Jill Copeland heard arguments at a bail hearing for Hoggard earlier this week, shortly after the Hedley frontman began serving his five-year sentence.

含羞草研究社淎t this stage of the proceedings, where the applicant含羞草研究社檚 conviction has been unanimously affirmed by this court and it appears unlikely that he will be granted leave to appeal, I am satisfied that the public interest in enforcing the sentence imposed on the applicant outweighs his interest in a second review of his conviction,含羞草研究社� Copeland wrote in her decision.

含羞草研究社淚f the Supreme Court of Canada grants leave to appeal, the balance may change and a reassessment of the applicant含羞草研究社檚 bail status may be warranted.含羞草研究社�

Defence lawyer Gerald Chan said Hoggard was 含羞草研究社渄isappointed,含羞草研究社� but respected the court含羞草研究社檚 decision.

Hoggard was found guilty in June 2022 of sexual assault causing bodily harm against an Ottawa woman. 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 in prison, and granted bail within hours of the sentencing pending an appeal at Ontario含羞草研究社檚 top court.

The province含羞草研究社檚 Appeal Court upheld his conviction last month, which saw him begin to serve his sentence.

Last week, Hoggard filed an application for leave to appeal to the Supreme Court and sought bail at Ontario含羞草研究社檚 Appeal Court.

His application to the Supreme Court argued that the Appeal Court failed to apply the proper test in determining whether an error made by the trial judge constituted a 含羞草研究社渉armless error.含羞草研究社�

It further argued that the proposed appeal raises questions of 含羞草研究社渘ational and public importance含羞草研究社� that relate to the fairness of the trial and Hoggard含羞草研究社檚 submission that he was wrongfully convicted.

Copeland found that Hoggard含羞草研究社檚 leave to appeal application, while not frivolous, was 含羞草研究社渨eak含羞草研究社� and unlikely to be heard by the Supreme Court of Canada.

The top court typically takes about three to six months to decide whether to hear an appeal, Copeland noted. Hoggard has so far served about one month of his five-year sentence.

含羞草研究社淒enying bail at least until the leave application is decided will not render the applicant含羞草研究社檚 attempt to seek further review of his conviction meaningless by requiring him to serve most or all of his sentence before the leave application is decided,含羞草研究社� the decision said.

含羞草研究社淗e will still have years to serve when the Supreme Court decides the leave application.含羞草研究社�

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 and played its last show in March 2018.

Jordan Omstead, The Canadian Press