SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Primrose, 2009 NSSC 241
Date: 20090805
Docket: Bwt 307712
Registry: Bridgewater
Between:
Her Majesty the Queen
Appellant
v.
Christopher Wayne Primrose
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Glen G. McDougall
Heard: June 10, 2009/ August 5, 2009, in Bridgewater, Nova Scotia
Written Decision: August 13, 2009
Subject: Appeal of an interlocutory ruling made in Provincial Court prior to a final order or determination.
Summary: A preliminary motion was made at the commencement of trial on charges of operating a motor vehicle while impaired and having more than 80 milligrams of alcohol in 100 millilitres of blood. The court’s ruling pertained to the retrospectivity versus prospectivity of the legislative changes made by Parliament to s. 258(1)(c) of the Criminal Code. After the Trial Judge made his ruling the matter was adjourned to give the Crown time to appeal the interlocutory ruling to the Summary Conviction Appeal Court.
Issue: Does the Summary Conviction Appeal Court have the jurisdiction to hear an appeal of an interlocutory ruling of a Summary Conviction Court prior to a final order or determination at trial?
Result: Although the Crown presented a number of good policy reasons for hearing the appeal of the interlocutory ruling and had the support of defence counsel, the Court’s jurisdiction is derived from the legislation. Section 830(1) of the Criminal Code allows an appeal against a conviction, judgment, verdict of acquittal or verdict of not criminally responsible on account of mental disorder or of unfit to stand trial or other final order or determination [emphasis added]. Prior to obtaining a final order or determination there is no jurisdiction for the Summary Conviction Appeal Court to entertain an appeal of an interlocutory ruling. The Court’s jurisdiction comes from the statute; it does not flow from the common law. The appeal was premature and, therefore, not properly before the Court.
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