R. v. Kelly

R. v. Kelly

Majority: The Minister’s reference asked only for an opinion under s.690(c) and expressly conditioned any para.(b) determination on a positive answer; paras. (b) and (c) are separate and the Court of Appeal therefore issued an advisory opinion, not a final judgment, so this Court lacks jurisdiction and the leave application must be quashed.

Citation
2001 SCC 25
Parties
Applicant: Her Majesty the Queen; Respondent: Patrick Kelly
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 April 2001
Procedural Posture
Criminal Law — Ministerial Reference/appeal / Motion to Quash Application for Leave to Appeal
Outcome
Motion granted; application for leave to appeal quashed.
Legal Topics
Reference Under S.690 Criminal Code, Leave to Appeal, Jurisdiction of Supreme Court, Fresh Evidence Admissibility, Ministerial Discretion
Source Language
English
Criminal Law Appeals Procedural Law Reference Under S.690 Criminal Code Leave to Appeal Jurisdiction of Supreme Court Fresh Evidence Admissibility Ministerial Discretion

Case Brief

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Parties

Her Majesty the Queen

Applicant

Patrick Kelly

Respondent

Procedural Posture

Criminal Law — Ministerial Reference/appeal / Motion to Quash Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Ontario Court of Appeal issued only an advisory opinion under s.690(c) of the Criminal Code
  2. 2 Whether paras. (b) and (c) of s.690 are separate and alternative procedures
  3. 3 Whether the Supreme Court of Canada has jurisdiction to hear a leave application from a s.690(c) opinion

Ratio Decidendi

Majority: The Minister’s reference asked only for an opinion under s.690(c) and expressly conditioned any para.(b) determination on a positive answer; paras. (b) and (c) are separate and the Court of Appeal therefore issued an advisory opinion, not a final judgment, so this Court lacks jurisdiction and the leave application must be quashed.

Court Disposition

Motion granted; application for leave to appeal quashed.

Orders

  • Application for leave to appeal to the Supreme Court of Canada is quashed.