Monday, February 2, 2009

Second appeal of a summary conviction matter

R. v. Im, 2009 ONCA 101 deals with summary conviction appeals.  Generally, as the Court of Appeal set out below, appeals from a Summary Conviction Appeal Court (i.e. Superior Court) will be allowed only rarely.  The Court writes:
 
... access to this court should be limited to cases in which the applicant can demonstrate exceptional circumstances justifying a second level of appeal.  He went on to identify two categories of cases in which leave to appeal may be granted.  First, if an issue raised has significance to the administration of justice beyond the particular case, then leave to appeal may be granted if the grounds are at least arguable.  Second, where the merits appear to be very strong, leave to appeal may be granted even if the issues have no general importance, especially if the conviction in issue is serious and the applicant is facing a significant deprivation of his or her liberty.

1 comment:

Anonymous said...

This is a genuine outrage!