Bolded above: Is that not where his appeal is being dealt with already? :waitasec:
No, his appeal would be in a provincial court of appeal first. Then he can appeal to supreme court of canada if there is a reason to. If the supreme court of canada denies another apeal, then after that it's over. My brother appealed to the British Columbia court of appeals, then he went to the supreme court, that was his last stop.
Swedie, I am trying to find a document concerning appeals. I found this site:
http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/criminal_appeal.asp
In which court will the appeal be heard?
The court will be different depending on the type of crime. Cases that usually have less serious penalties are called "summary conviction offences." These cases are appealed to the Superior Court of Justice, and are heard before a judge of that court in the community where the trial was conducted.
Cases that usually have more serious maximum penalties, such as murder, are called "indictable offences", and are appealed to the Court of Appeal for Ontario, which usually sits at Osgoode Hall, 130 Queen St. West, Toronto.
And the site for info on the Supreme Court of Canada:
http://www.scc-csc.gc.ca/faq/faq/index-eng.asp#f1
1. What is the role of the Supreme Court of Canada?
The Supreme Court of Canada is the court of last resort (or the highest court) in Canada. As the final general court of appeal it is the last judicial resort of all litigants. Its jurisdiction embraces both the civil law of the province of Quebec and the common law of the other nine provinces and three territories. As it is a general court of appeal, the Supreme Court of Canada can hear cases in all areas of the law.
"What are the criteria for granting leave to appeal?
The Supreme Court Act states that an application for leave to appeal may be granted if the Supreme Court of Canada finds that the case
raises an issue of public importance and
should be decided by the Supreme Court of Canada.
The case must raise an issue that goes beyond the immediate interests of the parties to the case."
In my brother's case, the reason why he was granted an appeal by the Supreme Court of Canada is because of a potential "breach of his rights to self-incriminatio" that could potentially affect all other such cases in the future. My brother incriminated himself at his first trial, upon appealing to the Provincial Court of Appeals, his original testimony incriminating himself was allowed into evidence Hence, another appeal to the Supreme Court to decide if the law had made errors in admitting his self-incriminating statements. It was decided that it should be allowed because at the time, the charter of rights did not exist, the charter was only signed into law in 1982. His original trial was in 1980.
This link explains why my brother's case went to the supreme court of canada - this is only the case of whether his charter rights were violated and not the original transcript of the trial.
http://scc.lexum.org/en/1985/1985scr2-350/1985scr2-350.html