Case information

Criminal law – Appeals – Powers of the Court of Appeal – Whether the Court of Appeal erred in law in finding that it did not have jurisdiction under s. 680(1) of the Criminal Code to review the decision to stay the driving prohibition – Whether the Court of Appeal erred in law in finding that it did not have the inherent jurisdiction to review the decision to stay the driving prohibition – Whether the principles of natural justice were violated.

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The police observed the applicant driving while the tail lights on his truck were not illuminated. The police conducted a traffic stop. The police noted the smell of alcohol from the applicant’s breath. Samples of his breath were provided to the police. The applicant was arrested for impaired driving and operating a motor vehicle with a blood alcohol concentration over 80 milligrams of alcohol in 100 millilitres of blood. The applicant was convicted of “over 80”. The applicant was sentenced to a fine of $1,800 and a one-year driving prohibition. The applicant appealed his conviction, and the summary conviction appeal is scheduled for hearing on November 19, 2019. The applicant also filed a motion seeking to stay his driving prohibition pending the appeal. The motion for a stay of the driving prohibition was dismissed. The applicant sought leave to appeal pursuant to s. 680 of the Criminal Code, R.S.C. 1985. c. C-46. Hamilton J.A. held that the Court of Appeal had no jurisdiction to review the decision and dismissed the application.