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2013 New Year's Resolution:
To however, cause the Judiciary of New Brunswick to uphold the Canadian Charter of Rights and Freedoms.
Reason being, that, the Charter is applicable in New Brunswick, just as all provinces are bound by the Constitution.
Despite the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985, that, the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review per-existing statutes and strike potentially unconstitutional inequalities.

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Friday, May 18, 2012

'LEAVE TO APPEAL' - from a decision of a summary conviction is under s.813 of the Criminal Code




'LEAVE TO APPEAL' - from a decision of a summary conviction is under s.813 of the Criminal Code

Appeal by defendant, informant or Attorney General
813. Except where otherwise provided by law,
·       (a) the defendant in proceedings under this Part may appeal to the appeal court
o      (i) from a conviction or order made against him,
o      (ii) against a sentence passed on him, or
o      (iii) against a verdict of unfit to stand trial or not criminally responsible on account of mental disorder; and
·       (b) the informant, the Attorney General or his agent in proceedings under this Part may appeal to the appeal court
o      (i) from an order that stays proceedings on an information or dismisses an information,
o      (ii) against a sentence passed on a defendant, or
o      (iii) against a verdict of not criminally responsible on account of mental disorder or unfit to stand trial,
and the Attorney General of Canada or his agent has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province or his agent has under this paragraph.

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