The appellant appealed his conviction for operating a motor vehicle with a blood alcohol concentration over 80, raising new s. 10(b) Charter arguments for the first time.
The Crown brought an application under s. 685 of the Criminal Code to summarily dismiss the appeal.
The court held that the Crown has jurisdiction to bring a s. 685 application in summary conviction appeals.
The court granted the application and dismissed the appeal, finding that allowing the new grounds would cause substantial prejudice to the Crown as there was no evidentiary record from the trial to evaluate the claims.
