R. v. Hyra (J.), (2015) 315 Man.R.(2d) 121 (CA)

• Judge: Beard, Cameron and Burnett, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 30, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 315 Man.R.(2d) 121 (CA);2015 MBCA 17

R. v. Hyra (J.) (2015), 315 Man.R.(2d) 121 (CA);

      630 W.A.C. 121

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. FE.025

Her Majesty The Queen (respondent) v. Jason Hyra (accused/appellant)

(AR 14-30-08182; 2015 MBCA 17)

Indexed As: R. v. Hyra (J.)

Manitoba Court of Appeal

Beard, Cameron and Burnett, JJ.A.

January 30, 2015.

Summary:

The accused was charged with criminal harassment and breach of probation. He filed a pre-trial motion to have the charges stayed, alleging abuse of process. The trial judge dismissed the motion. The accused appealed the dismissal of the motion. The Crown filed a motion to have the appeal dismissed on the basis that the court had no jurisdiction to hear an appeal of an interlocutory ruling in a criminal matter.

The Manitoba Court of Appeal granted the Crown's motion and dismissed the appeal.

Criminal Law - Topic 4825

Appeals - Indictable offences - Right of appeal - From an interlocutory decision - The accused was charged with criminal harassment and breach of probation - He filed a pre-trial motion to have the charges stayed, alleging abuse of process - The trial judge dismissed the motion - The accused appealed the dismissal of the motion - The Crown filed a motion to have the appeal dismissed - The Manitoba Court of Appeal granted the Crown's motion and dismissed the appeal on the basis that there was no jurisdiction to entertain an appeal by an accused of an interlocutory proceeding or order prior to conviction.

Criminal Law - Topic 4826

Appeals - Indictable offences - Right of appeal - Requirement of decision on merits at trial - [See Criminal Law - Topic 4825 ].

Cases Noticed:

R. v. Moman (R.) (2008), 234 Man.R.(2d) 149; 2008 MBQB 311, refd to. [para. 3].

Awasis Agency of Northern Manitoba v. Allen (2013), 289 Man.R.(2d) 38; 2013 MBQB 47, refd to. [para. 3].

R. v. Felderhof (J.B.), [2002] O.T.C. 829 (Sup. Ct.), affd. (2003), 180 O.A.C. 288 (C.A.), refd to. [para. 3].

R. v. M.P.S., [2013] B.C.T.C. Uned. 525; 298 C.C.C.(3d) 458; 2013 BCSC 525, refd to. [para. 3].

R. v. Eckstein (S.M.) (2012), 288 Man.R.(2d) 26; 564 W.A.C. 26; 2012 MBCA 96, refd to. [para. 3].

R. v. Rushton (1991), 71 Man.R.(2d) 49; 63 C.C.C.(3d) 419 (C.A.), refd to. [para. 4].

R. v. Duvell, [1992] M.J. No. 213 (C.A.), refd to. [para. 4].

R. v. Deschamps (M.B.) (2003), 177 Man.R.(2d) 301; 304 W.A.C. 301; 2003 MBCA 116, refd to. [para. 5].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 674, sect. 675 [para. 6].

Counsel:

J. Hyra, on his own behalf;

R.N. Malaviya, for the respondent.

This motion was heard on January 30, 2015, before Beard, Cameron and Burnett, JJ.A., of the Manitoba Court of Appeal. The following decision was delivered for the court by Beard, J.A., on January 30, 2015.