The Crown brought a motion to quash the respondent's notice of appeal as of right to the Supreme Court of Canada.
The Court of Appeal had been unanimous in dismissing the accused's appeal from his convictions, and the accused had filed a notice of appeal as of right based on an alleged disagreement between appellate judges on a point of law.
The Court held that a dissent giving rise to an appeal as of right under s. 691(1)(a) of the Criminal Code must be a disagreement that affects the result.
Because the disagreement expressed by one judge went only to reasoning and did not affect the result, it was properly characterized as a concurring opinion rather than a dissent.
Motion to quash granted.
