R. v. Kimmie (N.), (2005) 272 Sask.R. 35 (QB)

• Judge: Currie, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 01, 2005
• Jurisdiction: Saskatchewan
• Citations: (2005), 272 Sask.R. 35 (QB);2005 SKQB 507

R. v. Kimmie (N.) (2005), 272 Sask.R. 35 (QB)

MLB headnote and full text

Temp. Cite: [2005] Sask.R. TBEd. DE.004

Her Majesty the Queen (appellant) v. Nelson Kimmie (respondent)

(2005 Q.B.C.A. No. 61; 2005 SKQB 507)

Indexed As: R. v. Kimmie (N.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Currie, J.

December 1, 2005.

Summary:

The indigent accused was charged with committing assault with a weapon. He was denied legal aid. A Provincial Court judge ordered that the accused have court-appointed counsel to represent him at the trial (i.e., state-funded counsel). The Crown appealed the decision under s. 830 of the Criminal Code.

The Saskatchewan Court of Queen's Bench held that the court did not have jurisdiction to hear the appeal because the decision was not a "final order or determination" within the meaning of s. 830.

Criminal Law - Topic 2966

Jurisdiction - Appeals - Interlocutory orders - Bars - The indigent accused was charged with committing assault with a weapon - He was denied legal aid - A Provincial Court judge ordered that the accused have court-appointed counsel to represent him at the trial (i.e., state-funded counsel) - The Crown appealed the decision under s. 830 of the Criminal Code - The Saskatchewan Court of Queen's Bench held that the court did not have jurisdiction to hear the appeal because the decision was not a "final order or determination" within the meaning of s. 830 - Under s. 676.1 of the Criminal Code, an appeal of the order was available directly to the Court of Appeal with leave of a judge of the Court of Appeal.

Criminal Law - Topic 7473.2

Summary conviction proceedings - Appeals - General - Appeal from interlocutory decision - [See Criminal Law - Topic 2966 ].

Trials - Topic 1182

Summary convictions - Appeals - When available - [See Criminal Law - Topic 2966 ].

Cases Noticed:

R. v. Laviolette (R.) (2005), 260 Sask.R. 121; 2005 SKQB 61, refd to. [para. 7].

R. v. Carpenter (L.) (2005) 272 Sask.R. 31; 2005 SKQB 432, refd to. [para. 7].

R. v. B & B Stone Ltd. (No. 2) (1977), 34 C.C.C.(2d) 464 (Ont. C.A.), refd to. [para. 13].

R. v. Moore (1987), 22 O.A.C. 315; 38 C.C.C.(3d) 471 (C.A.), refd to. [para. 9].

R. v. Rowbotham et al. (1988), 25 O.A.C. 321; 41 C.C.C.(3d) 1 (C.A.), refd to. [para. 9].

R.C. v. Québec (Procureur général), [2002] 2 S.C.R. 762; 289 N.R. 206; 2002 SCC 52, refd to. [para. 11].

R. v. Innocente (D.J.) (2004), 221 N.S.R.(2d) 357; 697 A.P.R. 357 (C.A.), refd to. [para. 12].

Counsel:

Richard Fyfe, for the appellant;

Nelson Kimmie, appearing for himself.

This appeal was heard by Currie, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on December 1, 2005.