This case explicitly addresses question of the jurisdiction of appeals regarding orders granting or denying access to exhibits after the criminal matters in which the exhibits were filed were completed. In it, the Ontario Court of Appeal held that the characterization of the proceedings are civil in nature and not criminal. Therefore, appeals of this type may go through the intermediate court of appeal rather than directly to the Supreme Court of Canada as per s. 40(1) of the Supreme Court Act.
Doherty, J.A. reasoned that because the criminal proceedings were fully and finally disposed of, there was no reason to characterize an application to obtain access to exhibits submitted in the criminal proceedings as a criminal matter. The proceedings were therefore civil in nature.
Furthermore, Doherty, J.A. reasoned that characterization of the proceedings as civil had a functional benefit by providing the right to appeal to an intermediate court of appeal, as opposed to the requirment of seeking leave to appeal to the Supreme Court of Canada that exists for criminal proceedings. Justice Doherty also noted that intermediate courts of appeal play a meaningful role in the resolution of individual cases and the development of a coherent and effective jurisprudence. Therefore, characterizing the proceeding as civil also enhances the effectiveness of the administration of justice.
October 5, 2011
Link to Decision
David Hoang
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