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The Yukon Court of Appeal dismissed an extension and leave application, holding the proposed appeal from an interlocutory order had no reasonable prospect of success.
The Court of Appeal set aside Mr. Klassen’s guilty pleas because they were uninformed: he did not know he would lose appeal rights or a possible Jordan remedy.
Application to reopen the dismissed appeal was denied because the appellant offered no lawful excuse for failing to surrender, the substantive grounds of appeal were weak and unlikely to overturn convictions or sentence, the Crown would be prejudiced by disposal of evidence, and delay and finality weighed against reopening.
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The Court of Appeal granted an extension of time to appeal 2009 convictions, finding the interests of justice favored review despite delay, prejudice, and only arguable merit.
Leave to appeal was denied because the central order (the s.810 peace bond) had expired and the appeal raised no live controversy or exceptional circumstance to overcome mootness; additionally an appeal under s.839(1) is limited to questions of law and the challenge to the costs award raised discretionary issues, not questions of law alone; therefore leave and the fresh evidence motion were dismissed.
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The Court of Appeal dismissed Mr. Buencamino’s applications to extend time, appoint counsel, and obtain release in extradition-related habeas corpus proceedings.
The ex parte proceedings were properly conducted under s.54(1)(a) POA and did not create a jurisdictional defect; therefore the appeal is dismissed, and any error in reducing the minimum fine after an ex parte trial should be remedied under s.69(9) POA for inability to pay.
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The trial judge erred in law by failing to apply the Stone framework to the uncontested findings of involuntariness and expert evidence: the respondent's parasomnia (sexsomnia) is predisposed by internal factors (heredity and prior episodes), and the triggers (alcohol, fatigue, stress) are likely to recur, so the condition falls within the legal concept of a disease of the mind and only an NCR-MD verdict is legally available; because the Court of Appeal lacks statutory power to substitute an NCR-MD verdict on this acquittal, the appropriate remedy is to set aside the acquittal and order a new…
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The British Columbia Court of Appeal set aside Chol Hwan Kim’s guilty plea after finding defence counsel had an unwaived conflict in representing both Kim and a co-accused.
The trial judge erred by instructing the jury on aiding and abetting (ss.21(1)(b)-(c)) because there was no evidentiary foundation for that theory; the evidence at best supported liability as a co-principal under s.21(1)(a); the erroneous party instruction was a serious legal error requiring a new trial.
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