Majority
was rejected by the Court of Appeal. He appealed to this Court from that judgment and also applied for leave to appeal to this Court. ToKa Held: Both the appeal and the application for leave to appeal should be dismissed.
The appellant is confined in a penitentiary in consequence of his conviction and sentence by a Court of competent jurisdiction. The writ was therefore properly refused.
Subsection 3 of s. 41 of the Supreme Court Act precludes the granting of leave to appeal to this Court under that Act.
There was no question of law raised by the appellant which would warrant the granting of leave to appeal under s. 597(1) (b) of the Criminal Code.
There was no other remedy which the appellant was entitled to seek in this Court.
Judgment of the Court
S.C.R.
[19661195
Statutes and regulations cited
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Supreme Court Act