R. v. Ontario (Review Board)

R. v. Ontario (Review Board)

The Court exercised its discretion to treat the proceeding as civil despite being brought under criminal rules; because the substantive nature was a stand-alone declaratory Charter application and the procedural error caused no substantial prejudice and was not raised below, the appeal cannot be quashed for lack of jurisdiction and may be heard by this Court.

Citation
2018 ONCA 50
Parties
Moving Party (respondent): Her Majesty the Queen; Responding Party (respondent): The Ontario Review Board; Responding Party (respondent): The Person in Charge, Centre for Addiction and Mental Health; Responding Party (appellant): Elizabeth Petroniuk
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 January 2018
Procedural Posture
Criminal / Court of Appeal Motion to Quash Appeal for Lack of Jurisdiction
Outcome
Motion dismissed; Court will treat the proceeding as civil and permit the appeal to proceed
Legal Topics
Charter S.52 Declaration, Appeal Jurisdiction, Procedural Irregularity, Substance Over Form
Source Language
English
Criminal Law Constitutional Law Civil Procedure Charter S.52 Declaration Appeal Jurisdiction Procedural Irregularity Substance Over Form

Case Brief

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Parties

Her Majesty the Queen

Moving Party (respondent)

The Ontario Review Board

Responding Party (respondent)

The Person in Charge, Centre for Addiction and Mental Health

Responding Party (respondent)

Elizabeth Petroniuk

Responding Party (appellant)

Procedural Posture

Criminal / Court of Appeal Motion to Quash Appeal for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear a stand-alone Charter application brought under the Criminal Proceedings Rules
  2. 2 Whether procedural mischaracterization (criminal vs civil rules) precludes the Court of Appeal from hearing an appeal
  3. 3 Whether appeal must be quashed and leave sought to the Supreme Court of Canada

Ratio Decidendi

The Court exercised its discretion to treat the proceeding as civil despite being brought under criminal rules; because the substantive nature was a stand-alone declaratory Charter application and the procedural error caused no substantial prejudice and was not raised below, the appeal cannot be quashed for lack of jurisdiction and may be heard by this Court.

Court Disposition

Motion dismissed; Court will treat the proceeding as civil and permit the appeal to proceed

Orders

  • Motion to quash the appeal for lack of jurisdiction dismissed.
  • Proceeding may be treated as a civil declaratory application and the appeal may be heard by this Court.