The Crown applied for an order for substituted service or to dispense with service of a Notice of Appeal regarding a summary conviction acquittal.
The court held that while the Criminal Code explicitly permits substituted service for indictable appeals, it omits such a provision for summary conviction appeals.
The court concluded that the Criminal Proceedings Rules permitting substituted service in this context are inconsistent with the Criminal Code and therefore ineffective.
The application was dismissed for lack of jurisdiction.
