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

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