Leave to appeal from summary conviction appeal court the same for Crown and defence

R. v. Steeves, 2012 ONCA 106 deal with leave to appeal to the Court of Appeal from a summary conviction appeal court. In considering the case the Court suggested the test for leave is the same regardless of whether the Crown or the accused is seeking leave. The Court holds:

[2]              In R. v. R.(R.) (2008), 90 O.R. (3d) 641, this court articulated the test for leave.  It has two branches.  The Crown acknowledges that the first branch – that the legal issue raised by the appeal has significance to the administration of justice beyond the particular case – does not apply here.  Rather, it relies on the second branch, which requires that the merits of the appeal appear very strong.  While R.(R.) arose in the context of a convicted appellant seeking leave, I will proceed on the basis that the second branch of the test applies mutatis mutandis where it is the Crown seeking leave to appeal to this court.