Wednesday, January 16, 2013

Does a single judge have jurisdiction to determine leave to appeal a summary conviction matter? Yes

R. v. Metin, 2013 ONCA 21 holds:

[10]       Does a single judge of this court have jurisdiction to determine an application for leave to appeal? The starting point for answering this question is s. 839(1) of theCriminal Code which provides:

839(1) appeal to the court of appeal as defined in section 673 may, with leave of that court or a judge thereof, be taken on any ground that involves a question of law alone, against

(a) a decision of a court in respect of an appeal under section 822; or

(b) a decision of an appeal court under section 834, except where that court is the court of appeal. [Emphasis added.]

[11]       In my view, the wording of this provision is clear: if leave to appeal a particular decision to the Court of Appeal is required, the application for leave may be determined by that court (i.e. a panel of the court) or by "a judge thereof" (i.e. a single judge). I simply cannot see any ambiguity in the relevant words of this provision.

[12]       In addition, I observe that there are many examples in Ontario of a single judge dealing with leave to appeal applications pursuant to either s. 839(1) or similar provisions of the Criminal Code. Single judges have dismissed applications for leave in appeals relating to impaired driving and other driving offences: see, for example, R. v. Pea (2008), 93 O.R. (3d) 67 (C.A.); R. v. Davies, July 7, 2011, unreported (C.A.); and R. v. Ismail, August 10, 2012, unreported (C.A.). Similarly, single judges have refused leave in some sentence appeals: see, for example, R. v. Brochu, October 14, 2008, unreported (C.A.); and R. v. Nwaiku, February 7, 2012, unreported (C.A.).

[13]       Finally, interpreting s. 839(1) in this fashion is, in my view, consistent with the principal theme of R. (R.), the leading Ontario case dealing with the process for determining leave to appeal applications. The thrust of R. (R.) is that the integrity of the relevant Criminal Code provisions is respected by a clear demarcation between a leave to appeal and the appeal itself. As expressed by Doherty J.A., at paras. 42-43:

Proceeding as if there was a right of appeal to this court on the merits in summary proceedings flies in the face of the Criminal Code.  It will also, in at least some cases, unnecessarily prolong what should be expeditious proceedings.  Ignoring the leave requirement also gives individuals with financial resources a real advantage.  Legal Aid funding for summary proceedings in this court is very limited; therefore, persons who can fund their own appeals have a real advantage under the present regime in that they get two full appeals.  Finally, treating all summary conviction matters as appeals on the merits minimizes the significance and value of the role played by the Superior Court in the summary proceeding appellate process.  Routinely treating appeals in summary conviction proceedings as if they were appeals as of right from the trial decision undervalues the review carried out by Superior Court judges.

The leave requirement in s. 839 can perform its proper function only if it is addressed separately from the ultimate merits of the appeal.  A separate preliminary consideration of the question of leave should also quickly eliminate those cases from the system that do not warrant leave to appeal.  In my experience, most summary conviction matters brought to this court should fail at the leave to appeal stage. 

[14]       In my view, either party's resort, in a summary conviction appeal proceeding, to a single judge of this court for the determination of an application for leave to appeal will, in many cases, result in a conclusive determination of the case[1]. By and large, this outcome would be expeditious, cost effective and entirely fair. Fortunately, the plain meaning of the words in s. 839(1) of the Criminal Codepermits this result.


Anonymous said...

I do agree with all of the ideas you've presented to your post. They are very convincing and will certainly work. Nonetheless, the posts are very brief for beginners. May just you please lengthen them a little from next time? Thank you for the post.

my web blog Dominos Discount Codes Uk

Anonymous said...

If you would like to take a good deal from this post then you have
to apply such methods to your won webpage.

Also visit my blog ... funky jewellery uk

Anonymous said...

If you desire to take a good deal from this piece
of writing then you have to apply these strategies to your won blog.

Here is my web page - voucher code For dominos pizza

Anonymous said...

Just want to say your article is as astonishing. The clarity in your submit is just spectacular and that
i can suppose you are a professional on this subject. Well together with
your permission allow me to clutch your RSS feed to stay up to date with forthcoming post.
Thank you a million and please keep up the gratifying work.

Also visit my web-site New Look Voucher Codes 2011

Anonymous said...

It's appropriate time to make a few plans for the future and it's time to
be happy. I've learn this post and if I may I wish to recommend you few interesting issues or advice. Perhaps you could write next articles referring to this article. I wish to learn even more issues about it!

My page Android tablet Reviews

Anonymous said...

I need to to thank you for this fantastic read!!
I absolutely enjoyed every little bit of it.
I have got you book marked to check out new things you post…

Feel free to visit my page :: best Android tablet under 150

Anonymous said...

I do not even know how I ended up here, but I thought this post was great.

I don't know who you are but certainly you're going to
a famous blogger if you are not already ;) Cheers!

My homepage:

Anonymous said...

Remarkable things here. I am very satisfied to see your
article. Thanks a lot and I am taking a look ahead to
touch you. Will you please drop me a e-mail?

Feel free to visit my web page - Cpa Accountant Salary

Anonymous said...

I think the admin of this website is in fact working
hard in favor of his site, because here every data is
quality based material.

Also visit my site; certified management accountant salary

Anonymous said...

I do not comment, however I read a lot of comments on this page "Does a single judge have jurisdiction to determine leave to appeal a summary conviction matter? Yes".
I actually do have a few questions for you if you don't mind. Is it only me or does it appear like a few of these remarks come across like they are coming from brain dead individuals? :-P And, if you are writing on additional online sites, I'd
like to keep up with you. Could you list of the complete urls of your social sites
like your Facebook page, twitter feed, or linkedin profile?

My web-site:

Anonymous said...

Wow, incredible blog layout! How long have you been blogging for?
you made blogging look easy. The overall look of your website is great, as well as the content!

My website ... Makeup freebies uk

Anonymous said...

It's going to be finish of mine day, however before finish I am reading this wonderful piece of writing to increase my experience.

my website: Current dominos vouchers

Anonymous said...

Hi there! Would you mind if I share your blog with my myspace group?
There's a lot of people that I think would really appreciate your content. Please let me know. Cheers

Check out my web-site; best android tablet for the money

Anonymous said...

I do accept as true with all the ideas you have introduced for your post.
They are very convincing and can certainly work. Still, the posts are too quick for beginners.
Could you please prolong them a little from subsequent time?
Thanks for the post.

my web page -

Anonymous said...

Hi there, I wish for to subscribe for this web site to obtain latest updates, thus where can i do it please

Also visit my web-site; Canaldemusica.Com

Anonymous said...

Everything published was very reasonable. However, think about
this, suppose you were to create a killer title? I mean,
I don't want to tell you how to run your website, however what if you added a post title to possibly grab people's attention?
I mean "Does a single judge have jurisdiction to determine leave to appeal a summary conviction matter? Yes" is a little vanilla.

You might look at Yahoo's front page and note how they write post headlines to get people to click. You might try adding a video or a pic or two to get readers interested about everything've got to
say. In my opinion, it could bring your posts a little livelier.

Check out my homepage: fashion jewellery online

Anonymous said...

Why visitors still use to read news papers when in this technological globe all is presented on

Also visit my web blog: Funky Jewellery

Anonymous said...

Ahaa, its good dialogue concerning this piece of writing here at this blog, I have read all that, so now me
also commenting here.

My web page :: latest Dominos vouchers

Anonymous said...

Fantastic goods from you, man. I have keep in mind your stuff prior to and you are
just extremely fantastic. I actually like what you've acquired here, certainly like what you're stating and the way by which you say it.
You're making it entertaining and you still take care of to keep it wise. I cant wait to learn far more from you. That is really a great web site.

Feel free to visit my blog post - quirky jewellery uk

Anonymous said...

Piece of writing writing is also a excitement, if you know afterward you can write if not it is complex
to write.

My web page :: best Selling Android tablet

Anonymous said...

Excellent post. I was checking constantly this blog and I'm impressed! Very useful info specially the last part :) I care for such info much. I was seeking this certain information for a long time. Thank you and best of luck.

Have a look at my website Kitsch Jewellery uk

Anonymous said...

I write a comment each time I appreciate a article on a site or I have something to contribute to the conversation.
It's a result of the fire displayed in the article I looked at. And after this article "Does a single judge have jurisdiction to determine leave to appeal a summary conviction matter? Yes". I was actually excited enough to write a comment ;) I do have a couple of questions for you if you tend not to mind. Is it only me or do a few of these remarks look like written by brain dead people? :-P And, if you are posting at additional social sites, I'd
like to keep up with you. Would you list all of your communal sites like your Facebook
page, twitter feed, or linkedin profile?

Also visit my weblog - Companies market research

Anonymous said...

I do not even know how I stopped up here, however I believed this publish used to be good.
I don't recognise who you might be but certainly you are going to a well-known blogger in case you aren't already.

Here is my site: Certified public Accountant salary

Anonymous said...

Thankfulness to my father who informed me about
this blog, this weblog is really awesome.

Visit my blog post :: Www.Funnysayings.Us