The appellant employer was convicted on appeal of an offence under the Occupational Health and Safety Act following a workplace fatality.
Before sentencing, the appellant brought an application for a stay of proceedings under s. 11(b) of the Charter, which the appeal judge summarily dismissed.
The Court of Appeal held that while the appeal judge had jurisdiction to hear the Charter application, he did not err in exercising his discretion to summarily dismiss it, as constitutional issues should only be raised for the first time on appeal in exceptional circumstances where there is no prejudice to the parties.
