R. v. McIntyre

R. v. McIntyre

The appellate court dismissed the Crown's application because SOIRA orders under s.490.012(1) are not part of a sentence and the statutory scheme, including the April 15, 2011 amendment, demonstrates that Parliament did not intend routine appellate review of such orders; consequently this Court lacks jurisdiction...

Source-derived case information.

Citation
2015 BCSC 1792
Parties
Crown/appellant: Regina; Accused/respondent: Sean David McIntyre
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 August 2015
Procedural Posture
Criminal Summary Conviction / Appeal (crown Application to Vary SOIRA Order / Sentence Appeal)
Outcome
Appeal dismissed; 10-year SOIRA order upheld.
Legal Topics
Sexual Offender Information Registry (soira), Jurisdiction to Correct Orders, Functus Officio, Summary Conviction Appeals, S.490.012(1) Appeals, S.830 Appeals
Source Language
english
Criminal Law Appellate Procedure Statutory Interpretation Sexual Offender Information Registry (soira) Jurisdiction to Correct Orders Functus Officio Summary Conviction Appeals S.490.012(1) Appeals +1 more

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Parties

Regina

Crown/appellant

Sean David McIntyre

Accused/respondent

Procedural Posture

Criminal Summary Conviction / Appeal (crown Application to Vary SOIRA Order / Sentence Appeal)

Legal Issues

  1. 1 Whether this Court has jurisdiction to correct an erroneous s.490.012(1) SOIRA order on appeal under the sentence appeal provisions of the Criminal Code
  2. 2 Whether s.830 of the Criminal Code provides jurisdiction to appeal or vary a s.490.012(1) SOIRA order as a "final order or determination"
  3. 3 Whether a SOIRA order constitutes a "sentence" for appeal purposes

Ratio Decidendi

The appellate court dismissed the Crown's application because SOIRA orders under s.490.012(1) are not part of a sentence and the statutory scheme, including the April 15, 2011 amendment, demonstrates that Parliament did not intend routine appellate review of such orders; consequently this Court lacks jurisdiction under the sentence appeal provisions or s.830(1) to vary the Provincial Court's 10-year SOIRA order, and the 10-year order therefore stands.

Court Disposition

Appeal dismissed; 10-year SOIRA order upheld.

Orders

  • Appeal dismissed.
  • The 10-year SOIRA order made by the Provincial Court remains in force.