Appeals

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Introduction

An appeal is an application to review a matter that has been decided by a Court. The appeal is directed to the "higher" level of court above the level of the deciding court.

The venue for the appeal depends on the venue of the original proceedings.[1] Matters that are elected indictably are appealed to the Court of Appeal while matters that are summary conviction offences are appealed to the Supreme Court of the province.[2]

If the accused is prosecuted indictably but convicted of a lesser summary offence, the appeal is to proceed as if by indictment.[3]

One of the roles of appellate level courts is to "rein in overly elastic interpretation ... provided the courts stop short of judicial amendment".[4]

  1. s. 813
  2. R v Edmunds, 1981 CanLII 173 (SCC), [1981] 1 SCR 233
  3. R v Yaworski (1959), 31 C.R. 55 (Man. C.A.)
  4. Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), [2004] 1 SCR 76, 2004 SCC 4 (CanLII) at para 122 - dissenting in part

Topics

Misc Terminology

Interpretation
Definitions
673 In this Part,
"indictment" includes an information or charge in respect of which a person has been tried for an indictable offence under Part XIX; (acte d’accusation) registrar means the registrar or clerk of the court of appeal; (registraire)
...
"trial court" means the court by which an accused was tried and includes a judge or a provincial court judge acting under Part XIX. (tribunal de première instance)
R.S., 1985, c. C-46, s. 673; R.S., 1985, c. 27 (1st Supp.), ss. 138, 203, c. 23 (4th Supp.), s. 4, c. 42 (4th Supp.), s. 4; 1992, c. 1, s. 58; 1993, c. 45, s. 10; 1995, c. 22, s. 5, c. 39, ss. 155, 190; 1996, c. 19, s. 74; 1999, c. 5, ss. 25, 51, c. 25, ss. 13, 31(Preamble); 2002, c. 13, s. 63; 2005, c. 22, ss. 38, 45; 2006, c. 14, s. 6; 2013, c. 11, s. 2.


See Also