A man convicted last month of drug and firearms charges has been released.

Yukon Supreme Court Justice Leigh Gower released Daniel Silver from custody, pending his appeals of the conviction and sentence.

Territorial court Judge John Faulkner found Silver guilty of possession of cocaine for the purpose of trafficking, possession of a restricted firearm and possession of a firearm knowing the serial number had been removed.

Gower's April 19 decision on Silver's release came a little less than a week after he heard Silver's lawyer, David St. Pierre, speak in favour of the release and listened to arguments against the release by Crown counsel Sue Bogle.

Attached with the $2,000 recognizance and surety being named, 13 conditions were placed on Silver.

They include provisions for reporting to a bail supervisor and RCMP; remaining in the Yukon; abstaining from drugs and alcohol; approval of where he lives; not possessing firearms, ammunition, explosives or any devise used for mobile communication; employment; and a curfew and curfew checks.

Silver must also turn himself into custody at least 24 hours before his appeals are heard in court.

In his decision, Gower noted that under the Criminal Code, Silver was required to show that his appeals aren't frivolous, he will turn himself in under the requirements of a release order and that his detention isn't necessary in the public interest.

'Although the Crown concedes that it would be difficult for it to contend that the appellant (Silver) does not have an arguable case, it nevertheless submits that his grounds of appeal are weak and that this is relevant to the third public interest' criteria,' Gower wrote.

The facts of the case show Silver was pulled over by the RCMP in October 2004 when he was driving in a car with a woman and child.

Police were acting on a tip that Silver was driving to a known drug house in downtown Whitehorse to sell cocaine.

During the initial search, a loaded handgun with an obliterated serial number was found. Silver also had a cell phone and $105 cash on him.

After he was taken to the Whitehorse detachment, a strip search found about 41 grams of powder and crack cocaine in a special pocket in his underwear.

During the trial, Faulkner ruled against Silver's legal challenge of the road side stop and searches on him.

After being found guilty, he was sentenced to 27 months in prison and a 10-year firearm ban.

St. Pierre has indicated the appeal will be based on four arguments:

• that the road side stop wasn't based on reasonable and probable grounds and therefore that the following searches were illegal;

• the searches constitute an 'extremely egregious breach' of Silver's Charter rights, which should see an exclusion of the evidence seized by police;

• there was insufficient evidence to conclude Silver had cocaine for trafficking; and

• if the conviction appeal fails, the defence lawyer will argue Silver should have been considered for a conditional sentence.

In his decision on the release, Gower states: 'It is difficult for me sitting as a chambers judge on such applications to engage in a meaningful evaluation of the strength of the grounds of appeal based upon the brief submissions of counsel.

'While I share the Crown's concerns about the relative strength of the grounds of appeal, that does not allow me to conclude that the appeal totally lacks merit.'

Gower stated he was also satisfied Silver will turn himself in when required to.

Although Silver was convicted and sentenced for breaking his recognizance twice while he was waiting for his trial to start, it was he himself who told police and his bail supervisor about the first breach.

In that incident, he was pulled over for speeding. Due to some insurance or registration problems, police were about to tow the vehicle, which belonged to a friend of his common-law spouse.

As they were about to take the car, Silver told the police about the Blackberry communication device in the vehicle which belonged to someone else. He also told his bail supervisor about the incident.

Then, on Feb. 25, Silver had driven his spouse to work, dropped her off and was later stopped by police. A cell phone was found in the glove box as well as about $5,250 in cash, which was seized. Silver was arrested and detained on that breach.

He received a 30-day concurrent sentence for both.

'The Crown argues that these were significant breaches and that they should raise concerns for me about whether the appellant will surrender himself into custody in accordance with the terms of any release order,' states Gower's decision.

Silver is planning to argue that the cash was money he planned to spend on legal fees. St. Pierre also told the court Silver is planning to vigorously pursue the return of that cash.

Gower stated it's significant that at 30 years old, Silver has no prior convictions. The judge also took Silver's other circumstances into account, noting he has lived in Whitehorse since October 2003 and that he and his common-law wife have a child together.

Silver has also been able to find a job and will be hired there again as soon as possible.

Also, the woman acting as his surety is a life-long Whitehorse-area resident with no criminal record who knows Silver as a good friend and often babysits his child. She has also been explained the role of acting as a surety and said she could provide proof of security up to $10,000.

Silver also stated under oath in his affidavit he would comply with any conditions.

'Taking all these circumstances into account, I am satisfied that Mr. Silver has met his onus of establishing that he will surrender himself into custody in accordance with the terms of any release order which may be granted,' wrote Gower.

Finally the public interest seemed to be the main focus of the Crown's argument against releasing Silver, Gower wrote in the 12-page decision.

Bogle argued enforcing the sentence is paramount for the public to have confidence that it will be served.

Gower cited case law, then noted: 'As for the risk to public safety, I repeat that it is very significant that Mr. Silver has virtually no criminal record, with the exception of a conditional discharge six years ago and his most recent breach of recognizance condition.

'... It is also significant to me that Mr. Silver was able to maintain compliance with the conditions of his recognizance, from his original release from custody on these charges in early December 2004, until his arrest on the breach charges from late February 2006.

While the two breaches were 'foolish and avoidable,' they weren't extremely serious.

Also, the judge concluded, Silver seems to have learned his lesson, having admitted responsibility and serving the sentence for the breaches.

It's important to remember suspicion over the money seized from Silver doesn't displace the presumption of innocence.

'Taking all of these circumstances into account, it is my view that a fair-minded and fully informed member of the public, knowledgeable about the law of bail pending appeal and an offender's continuing constitutional rights, as well as the circumstances of this particular offender, would not have their confidence in the administration of justice shaken by the release of Mr. Silver on appropriately strict conditions to address the relative level of risk,' Gower stated before releasing Silver on the 13 conditions.