Date: 19980616 Docket: C.A.C. 146975
C.A.C. 147204
NOVA SCOTIA COURT OF APPEAL
Cite as: R. v. Wood, 1998 NSCA 153
Freeman, Jones and Hallett, JJ.A.
BETWEEN:
JOHN DOUGLAS WOOD ) Appellant in person
)
Appellant )
)
- and - )
) Kenneth W.F. Fiske, Q.C.
) for the Respondent
HER MAJESTY THE QUEEN )
)
Respondent ) Appeal Heard:
) June 16, 1998
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) Judgment Delivered:
) June 16, 1998
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THE COURT: Crown’s application to quash the two notices of appeal granted per oral reasons for judgment of Hallett, J.A.; Jones and Freeman, JJ.A. concurring.
HALLETT, J.A.: (Orally)
The Crown has applied to quash two notices of appeal from decisions of Justice Gruchy. He refused the appellant’s motion to order that he be provided with state funded counsel and refused to adjourn the trial to allow the appellant’s appeal from that decision.
The appellant says these are not interlocutory appeals as the orders were made before the selection of the jury. In our opinion, these are appeals from interlocutory orders. There is no appeal authorized by the Criminal Code of Canada, R.S.C. 1985, c. C-46 from such orders. The appeals are premature. (Mills v. R. (1986), 26 C.C.C. (3d) 481 (S.C.C.); R. v. Murdock (1995), 141 N.S.R. (2d) 251 (N.S.C.A.)). The Crown’s applications are granted.
Hallett, J.A.
Concurred in:
Jones, J.A.
Freeman, J.A.
C.A.C. No.146975
C.A.C. No. 147204
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
JOHN DOUGLAS WOOD
)
Appellant )
- and - ) REASONS FOR
) JUDGMENT BY:
HER MAJESTY THE QUEEN )
) HALLETT, J.A.
) (Orally)
Respondent )
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