Sentences with phrase «summary conviction appeals»

Having maintained an appellate as well as trial practice throughout his career, Mr. Clark has secured release for many appellants through the years, combining the general practices of preparing Sureties and crafting Release Plans with the somewhat more specialized understanding of appellate law and procedures applicable at both the Superior Court of Justice (Summary Conviction appeals) and the Court of Appeal for Ontario (Indictable appeals).

From summary conviction appeals at the Superior Court of Justice to hearings before the Supreme Court of Canada, our lawyers have successfully overturned both convictions and sentencing orders.

Summary conviction appeals are usually less costly than indictable appeals because, among other things, there is only one rather than three or five judges who must be provided with complete copies of all transcripts.

The C.A. dismissed the appeal, agreeing with both the trial judge and summary conviction appeal judge that «officer» included elected

The summary conviction appeal court judge dismissed the appeals on the basis that the trial judge had jurisdiction in both matters, that the rules of procedure in both trials would essentially have been the same, and that Sciascia was not prejudiced by any differences in the applicable rules of evidence.

[4] Under the new rules, which continue to apply today, summary convictions appeals from decisions of provincially appointed judges are almost invariably made on the basis of the existing record.

This conclusion was reversed by a summary conviction appeal court, and partially reversed again by the Court of Appeal, which ordered a new trial.

The Summary Conviction Appeal Court Judge agreed the officer should have removed himself from the home and sought lawful authority to conduct the search which resulted in the seizure of the accused's firearms.

From that perspective it provides a helpful analysis of what the Court will consider when determining whether a case meets the threshold for obtaining leave for a summary conviction appeal.

The Crown appeals; the trial decision is upheld by the Summary Conviction Appeal Judge.

The Court of Appeal found there was ``... an arguable issue of substance in this case of sufficient importance to merit the attention of the full court...» since the Summary Conviction Appeal judge ``... did not conduct a meaningful analysis...» with respect to s. 489 (2), and the police «need to know» the scope of their powers in circumstances where firearms are involved and they are ``... lawfully in a residence with children present...» (See para. 11).

Did the summary conviction appeal judge err in upholding the decision to exclude the seized evidence?

The Crown appeals and a Summary Conviction Appeal Court upholds the Trial Judge's decision.

In the Summary Conviction Appeal Court Judge's view, the absence of lawful authority meant the accused's s. 8 Charter rights had been breached.

On summary conviction appeal, the defence arguments on consent were accepted and the convictions were overturned.

The summary conviction appeal judge's finding that the complainant may have consented prior to becoming unconscious «resurrected gender stereotypes that have long been laid to rest» (at para. 37).

The Crown sought leave to appeal the decision of the summary conviction appeal court.

In January 2013, an Alberta Court of Queen's bench decision on a summary conviction appeal held that maintenance logs for evidentiary breath testing instruments (such as the Intoxilyzer 5000C) must be disclosed by the Crown to an accused person on request: R. v. Kilpatrick, 2013 ABQB 5.

The summary conviction appeal court reversed the decision, concluding that there was no breach of s. 8 of the Charter.

The Court of Appeal set aside the summary conviction appeal court's decision and excluded the compact disc containing the temporary Internet files, the laptop and the mirror image of the hard drive.

In a very recent summary conviction appeal decision out of the Ontario Superior Court, Justice Kenneth Campbell in Shofman stressed the importance of a lawyer's «contemporaneous, reliable, objective records.»

Mr. Martin files a Notice of Appeal from the summary conviction appeal decision of Van den Eynden J.

The C.A. dismissed the appeal, agreeing with both the trial judge and summary conviction appeal judge that «officer» included elected (more...)

He was acquitted but a summary conviction appeal led to the acquittal being overturned and a new trial ordered.

B.C.S.C.: summary conviction appeal allowed; verdict of acquittal entered.

The Crown brings a summary conviction appeal pursuant to s. 813 of the Criminal Code.

And, again, the Crown brought a summary conviction appeal.

The summary conviction appeal judge held that the standard for obtaining a search warrant and a production order was the same — reasonable grounds to believe that the Code requirements were met.

Not exact matches

«My point is that any summary conclusion jumping from our conviction of the existence of such an order of nature to the easy assumption that there is an ultimate reality which, in some unexplained way, is to be appealed to for the removal of the perplexity, constitutes the great refusal of rationality to assert its rights.»

In 1975 the federal government, led by Liberal Prime Minister Pierre Trudeau, introduced an amendment to the Criminal Code that changed the procedure for appeal from a summary conviction proceeding.

The Summary Convictions Act in turn applied the Criminal Code provisions relating to appeals — including the provision that made every appeal from a Provincial Court decision a trial de novo.

Appeals of summary conviction offences are heard by the Court of Queen's Bench (Superior Court of Justice).

Notice has been filed seeking leave to appeal a decision last month by Superior Court Justice Bruce Glass that the surcharges of $ 100 per summary conviction offence and $ 200 per indictable conviction, do not violate the Charter.