Application dismissed. dealing with appeals from convictions on indictments. Under subsection (b) of section 1012,
Paragraph 7 of section 2 just mentioned is an enumeration of the courts of the several provinces of Canada which are stated to be included in the expression " court of appeal." The evident intention of Parliament in enacting section 1025 was to insure uniformity in the administration of criminal law by the courts of Canada. Bearing that in mind, the expression " any other court of appeal " should, I think, be interpreted as meaning any other court of appeal to which " a like case " may be brought' under the Canadian Criminal Code, and therefore: any other court of appeal in Caiada.
I have, for these reasons, reached the conclusion that the petitioner does not allege nor show a conflict between the courts of appeal contemplated by section 1025 of the Criminal Code, and that-this is not a case where I have jurisdiction under that section to grant leave to appeal to the Supreme Court of -Canada.
The petitioner relied, of course, on the decision in Brunet v. The King (1), where special leave was granted, in not dissimilar circumstances.
It will be seen, however, that when the case came before the full court (including the learned judge who granted leave), the court took particular care to state (Brunet v. The King) (2), that it was not " passing on the question of whether or not this is an appealable matter, even with leave."
For that reason, I feel that I am at liberty to, decide: as. above. If I am wrong the appellant may yet find relief by asking the full court to revise my decision. (In re
Statutes and regulations cited
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- section 1025
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Unresolved citations
- section 1012
- section 2
- section 1025