Thursday, August 18, 2011

Absent a statutory provision, no court has any jurisdiction to entertain an appeal

R. v. R.V.F., 2011 NSCA 71 deals with a case where the Crown failed to elect expressly as to summary or indictable procedure in a youth matter. In dealing with that issue the Court made a useful comment regarding the nature of appeals. The dreaded question by an appeal panel "how did you get here" is not an idle question -- jurisdiction must be established:
 
[6]              An appeal is a statutory creation.  Absent a statutory provision, no court has any jurisdiction to entertain an appeal.  Prior to the hearing of this appeal, we invited the parties to review a number of cases and make submissions on the issue of our jurisdiction to hear this appeal.  They did so.  Unfortunately, despite the  interesting substantive issues raised by this proposed appeal, I am of the view that, in these circumstances, this Court is without jurisdiction to hear this appeal. 

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