OTTAWA -- Canada's highest court will decide if New Brunswick businessman Dennis Oland can be released from prison while he appeals his murder conviction in the death of his own father.

The Supreme Court of Canada says it will hear arguments from Oland's lawyers about his bail request as early as possible in the fall session.

The high court doesn't usually provide explanations on decisions whether to hear an appeal, and it did not do so in Oland's case.

Oland's mother and wife, in a statement released through lawyers, said the decision was welcome news.

"Our feelings are what any family would experience in our situation. We are obviously very emotional," reads the statement sent by William Teed on behalf of Connie and Lisa Oland.

"We hope this decision brings us a step closer to Dennis regaining his freedom. Dennis' absence these last few months has been incredibly difficult, and has compounded the loss and anguish our family has suffered since Dick's murder."

Oland's lawyers had asked for an expedited decision on his bail application after he was convicted of second-degree murder in the death of his father, businessman Richard Oland.

They argued the New Brunswick courts applied "high standards" that are out of step with similar cases elsewhere in Canada, and wanted the high court to reconsider the matter in a more timely fashion.

They said there is "a dearth of clear guidance from the Supreme Court of Canada" as to when grant bail pending appeal, and the Oland case gives the top court a chance to clarify.

"The answer...will fundamentally define the liberty interests of all convicted persons in custody awaiting an appeal," Oland's application argued.

The lawyers also repeated earlier assertions that Oland is a "model candidate" for bail.

Alan Gold, Oland's lawyer, said the family was thrilled with the decision even though there is no guarantee Oland will be released while fighting his conviction.

"It's only the first step, but we're delighted the court has agreed to review the bail situation and we'll proceed as quickly as we can," he said from Toronto.

"We'll be ready to argue the bail as soon as the court can hear it."

Gold said the case will be the first of its kind to be heard by the court, which hasn't considered a bail review for someone convicted of murder, and could clarify the tests that have to be met to obtain bail.

"This will be the first decision they've ever dealt with in this area, so it will be precedent-setting," he said. "They've never dealt with the issues of law involved in appeal bail in cases such as this."

The former investment adviser received a sentence in February of life in prison after being convicted of second-degree murder in the death of his father, prominent New Brunswick businessman Richard Oland.

Oland was found dead in his Saint John office in July 2011, the victim of a beating during which he suffered 45 blows to his head, neck and hands.

The younger Oland is appealing his murder conviction and asked the New Brunswick courts to grant him bail while the appeal is being prepared, but his request was rejected.

No person convicted of murder has ever been granted bail in New Brunswick.

The appeal is scheduled to begin Oct. 18, and one lower court judge said that wasn't an inordinately long time to wait behind bars.

In their filing to the Supreme Court of Canada in May, Oland's lawyers disagreed.

"To speak plainly, eight months is a long time to spend waiting in prison and, in any event, that may fall far short of the full measure of time until the decision," they argue.

The Olands are an establishment family in the history of the Maritimes, having founded Moosehead Breweries, although Richard Oland left the family business in 1981.