No Interlocutory Appeals in Criminal Matters


There is no right of appeal in criminal matters save as provided by statute. The Criminal Code does not provide for interlocutory appeals.

See e.g., R. v. Lehoux, 2006 BCCA 18, leave to appeal ref’d [2006] 1 S.C.R. xi; R. v. Pal, 2007 BCCA 428, 246 B.C.A.C. 83; R. v. Anderson, 2017 BCCA 153.

Criminal Code

Section 674

No proceedings other than those authorized by this Part and Part XXVI shall be taken by way of appeal in proceedings in respect of indictable offences.

In R. v. Mills, 1986 CanLII 17 (SCC), [1986] 1 S.C.R. 863, 26 C.C.C. (3d) 481, the Supreme Court of Canada said:

It has long been a settled principle that all criminal appeals are statutory and that there should be no interlocutory appeals in criminal matters.  This principle has been reinforced in our Criminal Code, prohibiting procedures on appeal beyond those authorised in the Code.  It will be observed that interlocutory appeals are not authorized in the Code.




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