R. v. Lindsay (D.K.), 2008 BCCA 30

• Judge: Hall, Mackenzie and Smith, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: November 21, 2007
• Jurisdiction: British Columbia
• Citations: 2008 BCCA 30;(2008), 250 B.C.A.C. 270 (CA)

R. v. Lindsay (D.K.) (2008), 250 B.C.A.C. 270 (CA);

    416 W.A.C. 270

MLB headnote and full text

Temp. Cite: [2008] B.C.A.C. TBEd. JA.053

Regina (respondent) v. David Kevin Lindsay (applicant)

(CA032186; 2008 BCCA 30)

Indexed As: R. v. Lindsay (D.K.)

British Columbia Court of Appeal

Hall, Mackenzie and Smith, JJ.A.

January 23, 2008.

Summary:

The British Columbia Provincial Court found the accused guilty of driving without a licence, driving without insurance and driving a vehicle without displaying the proper licence plates. The accused appealed.

The British Columbia Supreme Court, in a decision reported [2003] B.C.T.C. 1203, dismissed the appeal. The accused applied for leave to appeal.

The British Columbia Court of Appeal, per Lowry, J.A., in a decision reported 215 B.C.A.C. 47; 355 W.A.C. 47, dismissed the application. The accused applied for review.

The British Columbia Court of Appeal dismissed the application.

Courts - Topic 2101

Jurisdiction - Appellate jurisdiction - General - [See Practice - Topic 8980 ].

Constitutional Law - Topic 5

General principles - Canadian Constitution - What constitutes - Magna Carta - A summary conviction appeal court hearing a motor vehicle offence appeal ruled that the requirement that an appellant pay for the transcript of the lower court's decision did not amount to the selling of justice as prohibited by Magna Carta - The accused applied for leave to appeal - The British Columbia Court of Appeal, per Lowry, J.A., dismissed the application - Given that the court, in R. v. Jebbett (M.) (2003), 180 B.C.A.C. 21; 297 W.A.C. 21, had ruled that rights that could be provided by Magna Carta were modified by provincial legislation, Lowry, J.A., did not consider there to be any real prospect of the proposed appeal succeeding - The British Columbia Court of Appeal upheld the decision - See paragraphs 1 to 22.

Practice - Topic 8877

Appeals - Leave to appeal - Grounds for refusal to grant leave - [See Constitutional Law - Topic 5 ].

Practice - Topic 8980

Appeals - When appeal available - General principles - The British Columbia Court of Appeal held that the modern right of appeal was a statutory creation - Hence, the court rejected a submission that an appellant had a constitutional right of appeal that could not be fettered by the charging of fees for transcripts - See paragraph 23.

Cases Noticed:

R. v. Lord - see Lord v. British Columbia (Attorney General).

Lord v. British Columbia (Attorney General), [2005] B.C.A.C. Uned. 72; 2005 BCCA 165, consd. [para. 1].

East Broadway Residents Association v. Vancouver (City), [2000] B.C.A.C. Uned. 218; 2000 BCCA 657, consd. [para. 4].

R. v. Jebbett (M.) (2003), 180 B.C.A.C. 21; 297 W.A.C. 21; 2003 BCCA 69, consd. [para. 13].

R. v. Robinson (K.G.), [2002] B.C.T.C. 1062; 2002 BCSC 1062, refd to. [para. 14].

R. v. Robinson; R. v. Dolejs (1989), 100 A.R. 26; 79 Alta. L.R.(2d) 31; 63 D.L.R.(4th) 289 (C.A.), refd to. [para. 14].

Collinge v. Gee (1968), 64 W.W.R.(N.S.) 321 (B.C.C.A.), affd. [1968] S.C.R. 948, consd. [para. 20].

Immigration Act and Singh (Munshi), Re (1914), 6 W.W.R. 1347 (B.C.C.A.), refd to. [para. 22].

R. v. Lawrence (R.) et al. (1998), 104 B.C.A.C. 57; 170 W.A.C. 57 (C.A.), refd to. [para. 23].

Authors and Works Noticed:

Atrens, Jerome J., Burns, Peter T., and Taylor, James P., Criminal Procedure: Canadian Law and Practice (2000 Looseleaf Update), vol. 3, c. 17-1, 17-2 [para. 23].

Ehrcke, W., Appeals, in Atrens, Jerome J., Burns, Peter T., and Taylor, James P., Criminal Procedure: Canadian Law and Practice (2000 Looseleaf Update), vol. 3, c. 17-1, 17-2 [para. 23].

Holt, James Clarke, Magna Carta (2nd Ed. 1992), pp. 1-2, 16-17 [para. 19].

McPherson, Bruce Harvey, The Reception of English Law Abroad (2007), p. 205 [para. 19].

Counsel:

Applicant appearing in person;

U. Botz, for the respondent.

This application for review was heard at Vancouver, B.C., on November 21, 2007, by Hall, Mackenzie and Smith, JJ.A., of the British Columbia Court of Appeal. The following decision of the Court of Appeal was delivered at Vancouver, B.C., on January 23, 2008, by Smith, J.A.