Friday, March 11, 2011

Appeals to Court of Appeal on POA matters

R. v. Ade-Ajayi, 2011 ONCA 192 released this week deals with how
extraordinary appeals to the Court of Appeal for Ontario for POA matters
are:


[15] Appeals to this Court on matters under the Provincial
Offences Act are very much the exceptions, and particularly so with
respect to sentence. Trial judges must decide whether the circumstances
of a particular case call for something less than the minimum fine.
This Court will not "second guess" that assessment absent factors that
meet the leave to appeal criteria set out in s. 139 of the Provincial
Offences Act.


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