Summary Conviction Appeals (differences between the first and second level of appeal)
Canadian criminal law policy balances the benefits of appellate review and the negative effects inherent in that process by distinguishing between first and second levels of appeal in criminal proceedings. Access to the former is virtually carte blanche. Access to the latter is narrowly restricted. 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 that 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. Summary Conviction appeals—first level of appeal In summary conviction proceedings, at the first level of appeal in the Superior Court, the appell...