N. Bailey

The appellant was convicted of impaired driving causing a head-on collision and sentenced to a six-month conditional sentence and a three-year driving prohibition.

He appealed the sentence, arguing the trial judge erred by sentencing him remotely while he was in the hospital with COVID-19 instead of granting an adjournment.

The Crown applied for summary dismissal of the appeal under s. 685 of the Criminal Code.

The Superior Court of Justice granted the Crown's application, finding the appeal was frivolous and bound to fail, as the trial judge exercised proper discretion in proceeding with the sentencing and the sentence imposed was not demonstrably unfit.

The applicant, charged with second-degree murder, brought a motion challenging the constitutionality of section 577(a) of the Criminal Code, which allows the Crown to prefer a direct indictment.

The applicant argued that the provision violates section 7 of the Charter by permitting arbitrary exercise of Crown discretion without requiring reasons.

The court dismissed the application, finding that binding precedent establishes the constitutionality of direct indictments and that prosecutorial discretion remains subject to review for abuse of process.