Leave to appeal under s. 839(1)(a) of the Criminal Code

When should leave to appeal under s. 839(1)(a) of the Criminal Code from an order of a judge of the Superior Court of Justice sitting as a summary conviction appeal court be granted?  Today’s decision in R. v. Hengeveld, 2010 ONCA 60 is helpful.

 [3]              Appeals to this court from decisions of judges of the Superior Court of Justice sitting as a summary conviction appeal court are limited to grounds of appeal that involve questions of law alone and require leave to appeal.

[4]              In R. v. R.(R.) (2008), 234 C.C.C. (3d) 463, this court held that leave to appeal should be granted sparingly.  Two factors are of abiding importance to the determination of whether leave to appeal should be granted not a question of law alone: the significance of the legal issues raised to the general administration of criminal justice and the merits of the proposed grounds of appeal: R (R.), at para. 37.

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 [6]              Leave to appeal may also be granted, even if the issues raised are not of general importance to the administration of justice, provided the merits of the appeal appear very strong.  It is especially so if the convictions in issue are serious and the applicant is facing a significant deprivation of his or her liberty: R.(R.) at para. 37.