R. v. Matthews (W.K.C.), 2015 NSCA 4

Judge:Farrar, J.A.
Court:Nova Scotia Court of Appeal
Case Date:January 14, 2015
Jurisdiction:Nova Scotia
Citations:2015 NSCA 4;(2015), 355 N.S.R.(2d) 99 (CA)
 
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R. v. Matthews (W.K.C.) (2015), 355 N.S.R.(2d) 99 (CA);

    1123 A.P.R. 99

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. JA.025

William (Kenneth) Charles Matthews (appellant) v. Her Majesty the Queen (respondent)

(CAC 430604; 2015 NSCA 4)

Indexed As: R. v. Matthews (W.K.C.)

Nova Scotia Court of Appeal

Farrar, J.A.

January 14, 2015.

Summary:

Matthews was found guilty of flight from police pursuit (Criminal Code, s. 249.1(2)), and dangerous operation of a motor vehicle (Code, s. 249(1)). He appealed from conviction and sentence. Neither the record of the proceedings nor the endorsements on the Information revealed any Crown election in respect of the two hybrid offences. The Crown moved for a finding that the Crown proceeded summarily and that the Court of Appeal was without jurisdiction to hear the appeal.

The Nova Scotia Court of Appeal, per Farrar, J.A., determined that the matter be sent to a panel of the Court to determine whether the Court had jurisdiction.

Courts - Topic 2106

Jurisdiction - Appellate jurisdiction - Court of Appeal - Criminal appeals - [See Criminal Law - Topic 2961 ].

Courts - Topic 2110

Jurisdiction - Appellate jurisdiction - Single appellate judge - [See Criminal Law - Topic 2961 ].

Criminal Law - Topic 2961

Jurisdiction - Appeals - General - The accused appealed from conviction in respect of two hybrid offences - Neither the record of the proceedings nor the endorsements on the Information revealed any Crown election - The Crown moved for a finding that the Crown proceeded summarily and that the Court of Appeal was without jurisdiction to hear the appeal - The Nova Scotia Court of Appeal, per Farrar, J.A., held that the appropriate manner of proceeding was to set the matter down before a panel of the Court to determine whether the Court had jurisdiction - Section 34(1)(a) of the Interpretation Act provided that, in the case of a hybrid offence, the offence was deemed to be indictable until the Crown elected to proceed by summary conviction - The presumption in s. 34 could be displaced by express election or where it was clear from what happened that the Crown intended to proceed summarily and the parties acted accordingly - It was not for a judge sitting alone in Chambers to make that determination.

Criminal Law - Topic 3904

Indictable offences - General principles - Choice of procedures - Election by Crown - [See Criminal Law - Topic 2961 ].

Criminal Law - Topic 4921

Appeals - Indictable offences - Appeal to a Court of Appeal - General - [See Criminal Law - Topic 2961 ].

Criminal Law - Topic 7203

Summary conviction proceedings - General principles - Choice of procedure - Election by Crown - [See Criminal Law - Topic 2961 ].

Criminal Law - Topic 7601

Summary conviction appeals - Appeal to a court of appeal - General - [See Criminal Law - Topic 2961 ].

Cases Noticed:

R. v. Paul-Marr (J.) (2005), 234 N.S.R.(2d) 6; 745 A.P.R. 6; 2005 NSCA 73, refd to. [para. 12].

R. v. R.V.F. (2011), 306 N.S.R.(2d) 247; 968 A.P.R. 247; 2011 NSCA 71, refd to. [para. 17].

Statutes Noticed:

Interpretation Act, R.S.C. 1985, c. I-21, sect. 34(1)(a) [para. 12].

Counsel:

Appellant in person;

Kenneth W.F. Fiske, Q.C., for the respondent;

Peter Mancini, Q.C., for Nova Scotia Legal Aid.

This motion was heard and determined on January 14, 2015, in Halifax, Nova Scotia, before Farrar, J.A., of the Nova Scotia Court of Appeal, in Chambers, who delivered the following reasons on January 16, 2015.

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