Court File and Parties
Court of Appeal for Ontario Date: 2020-03-05 Docket: C65077
Before: Hoy A.C.J.O., Feldman and Gillese JJ.A.
Between: Her Majesty the Queen, Respondent and Duane Newton, Appellant
Counsel: Delmar Doucette, for the appellant Hannah Freeman, for the respondent
Heard: February 12, 2020
On appeal from the conviction entered by Justice C. Bondy of the Superior Court of Justice, dated July 20, 2017, and the sentence imposed on December 8, 2017.
Appeal Book Endorsement
[1] Mr. Newton asks this panel to review the order of Sharpe J.A., dismissing his application for a s. 684 order to appoint counsel for the appeal. He argues that Sharpe J.A. misunderstood one of his grounds of appeal. We reject that argument. It is clear that Sharpe J.A. understood that Mr. Newton argued s. 11(b) of the Charter, and not s. 11(d).
[2] He also argues that Sharpe J.A. erred in characterizing the appeal as “barely arguable”. We are not persuaded that he erred in that characterization, which was made solely for the purpose of determining whether a further s. 684 order should be granted. Mr. Newton points to no material change in circumstances that would otherwise warrant interfering with the order of Sharpe J.A.
[3] This matter is accordingly dismissed. This matter shall be spoken to on April 8, 2020 to address the Crown’s proposed response to Mr. Newton’s ineffective assistance of counsel ground of appeal.