Summary Conviction Appeals
The Criminal Code draws a distinction between appeals in indictable proceedings, which are
governed by Part XXI, and applications for leave to appeal and, if leave is
granted, appeals in summary conviction proceedings, which are governed by Part
XXVII.
In indictable matters, the Court of Appeal provides
the first level of appellate review, and the court's jurisdiction is very
broad.
In summary conviction appeal proceedings, the Superior
Court of Justice is the primary appellate court, and it has the same broad jurisdiction.
Access to the Court of Appeal from these decisions of the Superior Court is
restricted to questions of law alone and only if leave to appeal is granted.
Leave to appeal from the decision of the Superior
Court (made under s. 839 of the Criminal Code) should be granted sparingly,
but may be granted in relation to a question of law alone where
1. the
issue raised is a matter of general significance to the administration of
justice, and
2. the
ground is at least arguable; or where the merits appear very strong, even if
the issue has no general importance beyond the parties.
R. v. R.R., 2008 ONCA
497, 90 O.R. (3d) 641
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