Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Full text
Appeals
116(1)For the purposes of an appeal under this Act, sections 812 to 839, except sections 814, 826 and 827 and subsections 830(4), 839(3) and 839(5) of the Criminal Code apply, with the necessary modifications.
116(2)Where, on an appeal under subsection (1), any matter concerning the interpretation of the Canadian Charter of Rights and Freedoms is in issue, the appellant or the respondent may, with leave of the appellate court, introduce evidence related to that issue notwithstanding that the evidence was not introduced at the trial.
116(3)Notwithstanding subsection (1), the defendant, the prosecutor or the Attorney General may, with leave of the Court of Appeal or a judge of that Court, appeal directly to the Court of Appeal against a conviction, acquittal, dismissal, order or determination by a judge on a ground of appeal that involves a question of law alone.
116(4)Every person who is granted leave to appeal under subsection (3) shall be taken to have abandoned all rights of appeal under subsection (1).
1990, c.18, s.64
Appeals
116(1)For the purposes of an appeal under this Act, sections 812 to 839, except sections 814, 826 and 827 and subsections 830(4), 839(3) and 839(5) of the Criminal Code apply, with the necessary modifications.
116(2)Where, on an appeal under subsection (1), any matter concerning the interpretation of the Canadian Charter of Rights and Freedoms is in issue, the appellant or the respondent may, with leave of the appellate court, introduce evidence related to that issue notwithstanding that the evidence was not introduced at the trial.
116(3)Notwithstanding subsection (1), the defendant, the prosecutor or the Attorney General may, with leave of the Court of Appeal or a judge of that Court, appeal directly to the Court of Appeal against a conviction, acquittal, dismissal, order or determination by a judge on a ground of appeal that involves a question of law alone.
116(4)Every person who is granted leave to appeal under subsection (3) shall be taken to have abandoned all rights of appeal under subsection (1).
1990, c.18, s.64