R. v. Cummings (W.), 2014 NSCA 62

• Judge: Scanlan, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: June 05, 2014
• Jurisdiction: Nova Scotia
• Citations: 2014 NSCA 62;(2014), 346 N.S.R.(2d) 145 (CA)

R. v. Cummings (W.) (2014), 346 N.S.R.(2d) 145 (CA);

    1095 A.P.R. 145

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. JN.020

Wanda Cummings (appellant) v. The Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (respondent)

(CA 415797; 2014 NSCA 62)

Indexed As: R. v. Cummings (W.)

Nova Scotia Court of Appeal

Scanlan, J.A.

June 10, 2014.

Summary:

Cummings was subject to a recognizance, which contained conditions. She breached those conditions and was charged with failing to comply with an undertaking. Cummings subpoenaed two non-party witnesses. Those subpoenas were struck down. Cummings appealed. The Registrar moved for dismissal of the appeal due to Cummings' failure to perfect the appeal.

The Nova Scotia Court of Appeal, per Scanlan, J.A., granted the motion.

Editor's Note: This decision was released with a companion decision: 346 N.S.R.(2d) 141; 1095 A.P.R. 141.

Practice - Topic 3

General principles and definitions - Policy of practice rules - [See first Practice - Topic 9340 ].

Practice - Topic 8862

Appeals - Quashing or dismissal of appeals - Grounds for - [See second Practice - Topic 9340 ].

Practice - Topic 9340

Appeals - Perfecting appeals - Failure to perfect appeal (incl. powers of court) - In this proceeding, the Registrar asked that the appellant's appeal be dismissed due to her failure to perfect - The Nova Scotia Court of Appeal, per Scanlan, J.A., in dismissing the appeal, stated that "[t]he Rules of Court are intended to provide a forum for parties to litigate disputes. In criminal proceedings the Criminal Code, Rules of evidence and Civil Procedure Rules are intended to offer an accused full opportunity to have a fair trial on the merits. The Rules and processes in place are not intended to provide forum for justice participants to enter into a mind-numbing series of applications and appeals without regard to merit, cost or relevance." - See paragraph 4.

Practice - Topic 9340

Appeals - Perfecting appeals - Failure to perfect appeal (incl. powers of court) - Cummings was subject to a recognizance, which contained conditions - She breached those conditions and was charged with failing to comply with an undertaking - Cummings subpoenaed two non-party witnesses - Those subpoenas were struck down - Cummings appealed - The Registrar moved for dismissal of the appeal due to Cummings' failure to perfect - The Nova Scotia Court of Appeal, per Scanlan, J.A., granted the motion - Cummings, as an experienced litigant, was well aware of the consequences of non-compliance with court Rules and deadlines - The documents she filed in opposition to the Registrar's motion did not suggest that she would follow court directions even if the matter were to proceed - Rather, the materials she filed suggested that she wanted to re-argue every decision in every court that she had appeared in - An important consideration in this case was that the original proceedings had now concluded - The charges giving rise to the issues on appeal were dismissed, rendering the issue of the validity of the subpoenas moot - Cummings was no longer in jeopardy - It would be a waste of judicial resources, and public funds to allow the appeal to continue - See paragraphs 6 to 8.

Cases Noticed:

Sevgur v. Islam (2011), 310 N.S.R.(2d) 266; 983 A.P.R. 266; 2011 NSCA 114, refd to. [para. 7].

Counsel:

Appellant, in person;

Duane Eddy, for the respondent.

This motion was heard in Chambers, on June 5, 2014, in Halifax, Nova Scotia, before Scanlan, J.A., of the Nova Scotia Court of Appeal, who delivered the following decision, dated June 10, 2014.