Court of Appeal for Ontario

Date: 20210615 Docket: M52542 (C69153)

Judges: Hoy, Hourigan and Zarnett JJ.A.

Between:

Her Majesty the Queen Respondent

and

Angelina Codina Applicant (Appellant)

Counsel:

Angelina Codina, acting in person Vanita Goela, for the respondent

Heard: in writing

Reasons for Decision

[1] The court recently dismissed the applicant’s appeal of the dismissal of her application for a writ of habeas corpus, alleging that she has been unlawfully detained and should be released.

[2] In rejecting her argument that the application judge’s reasons were insufficient, the court commented that the applicant made a jurisdictional argument without reference to any authorities or supporting materials.

[3] Seizing on that comment, the applicant seeks to file what she characterizes as fresh evidence and, based on it, asks the court to re-open her appeal.

[4] Her application is without merit.

[5] What the applicant characterizes as fresh evidence consists of further legal argument that the trial court did not have jurisdiction to try the offences of which she was convicted. The proposed fresh evidence does not satisfy the test for the admission of fresh evidence: Palmer v. The Queen, [1980] 1 S.C.R. 759, at p. 775. Moreover, the further arguments she makes now are not relevant to the sufficiency of the application judge’s reasons.

[6] The application is dismissed.

“Alexandra Hoy J.A.”

“C.W. Hourigan J.A.”

“B. Zarnett J.A.”