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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