Court of Appeal for Ontario
Date: 20221102 Docket: C63681
Judges: Tulloch, van Rensburg and Coroza JJ.A.
Parties
BETWEEN
His Majesty the King Respondent
and
Andrew Watson Appellant
Counsel
Amy Ohler, for the appellant Avene Derwa, for the respondent
Heard: October 5, 2022
On appeal from the conviction entered on April 20, 2017 by Justice Hugh K. O’Connell of the Superior Court of Justice, sitting with a jury.
Reasons for Decision
[1] This matter relates to a conviction appeal by the appellant, Andrew Watson. The Crown e-filed an affidavit from Olivia Da Costa attesting to the fact that the appellant passed away on July 9, 2022, with the appellant’s death certificate attached.
A. Background
[2] On April 20, 2017, a jury found the appellant guilty of first-degree murder. On April 24, 2017, the trial judge sentenced the appellant to life imprisonment.
[3] The appellant filed an inmate notice of appeal against conviction.
[4] On June 14, 2018, the appellant applied for Legal Aid, but his application was refused by the Legal Aid Area Committee on August 13, 2018. He appealed the refusal, but on September 14, 2018, the Provincial Office Area Committee upheld the Area Committee’s decision. As a result, the appellant’s appeal proceeded in the inmate stream.
[5] The appeal was perfected and ready to proceed in person on July 6, 2022, but the matter was adjourned as the July in-person sittings in Kingston were cancelled. The matter was rescheduled to be spoken to at the September 9, 2022 inmate sitting. However, in the interim, the appellant died in custody on July 9, 2022.
[6] On September 21, 2022, counsel for the Crown notified the Registrar of this court that the appellant had died, and e-filed the aforementioned death certificate.
B. Disposition
[7] The Crown has requested that the appeal be dismissed as abated. In all the circumstances, we accept the Crown’s submissions and supporting documentation. The appeal is hereby dismissed as abated.
“M. Tulloch J.A.”
“K. van Rensburg J.A.”
“S. Coroza J.A.”