Court File and Parties

CITATION: R. v. Zelinski, 2011 ONCA 593

DATE: 20110913

DOCKET: C53253

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Laskin and LaForme JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Michael Zelinski

Appellant

COUNSEL:

Donald R. Orazietti, for the appellant

Joshua Hunter, for the respondent

Heard: September 12, 2011

On appeal from the decision of Justice M. Gregory Ellies of the Superior Court of Justice dated January 11, 2011.

APPEAL BOOK ENDORSEMENT

[1] This court has twice decided that a Justice of the Peace need not be legally trained to conduct a fair trial of provincial offences charges. The application judge correctly denied the appellant’s prohibition application on the basis that nothing in the Supreme Court of Canada’s decision in Ell calls into question the correctness of this court’s previous decisions in Currie and Eton Construction.

[2] We note that since those cases were decided, the Legislature has further strengthened the Justice of the Peace bench by mandating minimum educational and work experience qualifications, creating an independent appointments committee, and requiring continuing education programs for Justices of the Peace. It has also provided that upon request, a regional senior judge of the Ontario Court of Justice may decide that a case that would otherwise be heard by a Justice of the Peace be heard by a judge of the Ontario Court.

[3] In the result, the appeal is dismissed.