R. v. Scott (K.D.), (2015) 323 Man.R.(2d) 69 (CA)

• Judge: Hamilton, MacInnes and Pfuetzner, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: August 31, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 323 Man.R.(2d) 69 (CA);2015 MBCA 80

R. v. Scott (K.D.) (2015), 323 Man.R.(2d) 69 (CA);

      657 W.A.C. 69

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. SE.019

Her Majesty The Queen (respondent) v. Kurtis Donald Scott (accused/appellant)

(AR 15-30-08412; AR 15-30-08413; 2015 MBCA 80)

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

Manitoba Court of Appeal

Hamilton, MacInnes and Pfuetzner, JJ.A.

August 31, 2015.

Summary:

The accused was charged with cocaine trafficking and criminal organization-related offences. In advance of the trial, the accused made motions under the Charter before the trial judge to exclude wiretap evidence and evidence obtained from the search of a vehicle owned and operated by a third party. After a voir dire, the trial judge ruled the evidence admissible. The accused filed a notice of appeal of the trial judge's interlocutory evidentiary rulings. The Crown applied to have the accused's notice of appeal struck on the ground that the court did not have the jurisdiction to hear the appeal.

The Manitoba Court of Appeal allowed the Crown's application and struck the accused's notice of appeal.

Civil Rights - Topic 8412

Canadian Charter of Rights and Freedoms - Criminal proceedings - Appeals from interlocutory decisions - When available - [See Criminal Law - Topic 4825 ].

Courts - Topic 2106

Jurisdiction - Appellate jurisdiction - Court of Appeal - Criminal appeals - [See Criminal Law - Topic 4825 ].

Criminal Law - Topic 2966

Jurisdiction - Appeals - Interlocutory orders - Bars - [See Criminal Law - Topic 4825 ].

Criminal Law - Topic 4825

Appeals - Indictable offences - Right of appeal - From an interlocutory decision - The accused was charged with cocaine trafficking and criminal organization-related offences - In advance of the trial, the accused made motions under the Charter before the trial judge to exclude wiretap evidence and evidence obtained from the search of a vehicle owned and operated by a third party - After a voir dire, the trial judge ruled the evidence admissible - The accused filed a notice of appeal of the trial judge's interlocutory evidentiary rulings - The Crown applied to have the accused's notice of appeal struck on the ground that the court did not have the jurisdiction to hear the appeal - The Manitoba Court of Appeal struck the accused's notice of appeal - The right to appeal was created by statute - The relevant statute was the Criminal Code - The Code only provided for appeals of final orders, the most notable of which were convictions, acquittals and sentences - Charter rulings within a prosecution were interlocutory in nature and were not final orders - Therefore, the court had no jurisdiction to hear the appeal filed by the accused.

Cases Noticed:

R. v. Meltzer and Laison, [1989] 1 S.C.R. 1764; 96 N.R. 391, refd to. [para. 4].

R. v. Druken (J.K.), [1998] 1 S.C.R. 978; 228 N.R. 1; 166 Nfld. & P.E.I.R. 107; 511 A.P.R. 107, refd to. [para. 4].

R. v. Teerhuis-Moar (S.) (2008), 228 Man.R.(2d) 248; 427 W.A.C. 248; 2008 MBCA 85, refd to. [para. 4].

R. v. Scott (K.D.) (2015), 319 Man.R.(2d) 39; 638 W.A.C. 39; 2015 MBCA 43, refd to. [para. 4].

Counsel:

K.D. Scott, on his own behalf;

J.A. Hyman, for the respondent.

This appeal was heard on August 31, 2015, before Hamilton, MacInnes and Pfuetzner, JJ.A., of the Manitoba Court of Appeal. The following judgment of the Court of Appeal was pronounced by Hamilton, J.A., on the same date.