Wood (Re)

Wood (Re)

The application for leave to file an appeal was dismissed because Chief Justice Duncan's refusal to grant leave in the Supreme Court was an exercise of the Court's inherent jurisdiction concluding the proposed s.774 application would be an abuse of process; that refusal produced a final order for which there is no clear statutory appeal path, and in any event the proposed appeal would itself be an abuse of process and leave is denied.

Citation
2023 YKCA 9
Parties
Applicant (appellant): Juanita Wood; Respondent (crown): Public Prosecution Service of Canada
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
12 October 2023
Procedural Posture
Leave to File Appeal Under Court of Appeal Act / Application for Leave Denied at Division
Outcome
Application for leave to file an appeal denied.
Legal Topics
Abuse of Process, Inherent Jurisdiction, Private Prosecution, Certiorari (s.774 Criminal Code), Leave to Appeal, Vexatious Litigant Order
Source Language
English
Criminal Law Civil Procedure Judicial Review Administrative Law Abuse of Process Inherent Jurisdiction Private Prosecution Certiorari (s.774 Criminal Code) +2 more

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Parties

Juanita Wood

Applicant (appellant)

Public Prosecution Service of Canada

Respondent (crown)

Procedural Posture

Leave to File Appeal Under Court of Appeal Act / Application for Leave Denied at Division

Legal Issues

  1. 1 Whether the Supreme Court order refusing leave to bring a s.774 application is civil or criminal in nature
  2. 2 Whether vexatious litigant orders made under territorial/provincial statute apply to criminal proceedings and appeals
  3. 3 Whether the proposed s.774 application amounted to an abuse of process such that leave should be denied

Ratio Decidendi

The application for leave to file an appeal was dismissed because Chief Justice Duncan's refusal to grant leave in the Supreme Court was an exercise of the Court's inherent jurisdiction concluding the proposed s.774 application would be an abuse of process; that refusal produced a final order for which there is no clear statutory appeal path, and in any event the proposed appeal would itself be an abuse of process and leave is denied.

Court Disposition

Application for leave to file an appeal denied.

Orders

  • The applicant's application for leave to file an appeal is dismissed.