Case information

Criminal law — Appeals — Sufficiency of reasons — Application for leave to appeal judgment of Superior Court sitting as summary conviction appeal court dismissed — Application for leave to adduce fresh evidence declared moot — In context of application for leave to appeal Superior Court judgment, whether Court of Appeal erred in rejecting ground based on that judgment having insufficient reasons, which is question of law and serious question, in abstract and summary analysis and without allowing applicant to present his arguments on merits — In context of application for leave to adduce fresh evidence, whether Court of Appeal erred in declining jurisdiction by raising errors of fact and law even though question was ultimately one of jurisdiction — Criminal Code, R.S.C. 1985, c. C-46, s. 839.

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Charges of criminal harassment, harassing communications and breach of release conditions were laid against Mr. Rizqy in relation to events that took place between October 2020 and October 2021. The Court of Québec convicted him on all of these charges, with the exception of the one for harassing communications, in respect of which it entered a stay of proceedings in accordance with the decision in Kienapple concerning multiple convictions. It sentenced him to 8 months’ imprisonment and 3 years’ probation, to 8 months’ imprisonment to be served consecutively and 3 years’ probation, and to 60 days’ imprisonment to be served concurrently with the threat charge and 3 years’ probation. The Superior Court, sitting as summary conviction appeal court, dismissed the conviction appeal as well as the sentence appeal. The Court of Appeal dismissed the application for leave to appeal that decision and declared the application for leave to adduce fresh evidence moot.