Court of Appeal quashes convictions against Clinic client

On Monday, Staff Lawyer Lisa Loader, assisted by the Clinic's articling student Holly Gomes, appeared before the Court of Appeal for Ontario (Doherty, Laskin JJA, Brown RSJ) in the matter of R. v. S., Thomas R. The convictions against the Appellant were quashed and a new trial was ordered.

 

The hearing followed a May 10, 2010 hearing before the Supreme Court of Canada (LeBel, Deschamps, Cromwell JJ.), attended by Executive Director Michael Hefferon and Lisa Loader, on the Crown's application for leave to appeal an order of a panel of the Court of Appeal extending time to file a notice of appeal against conviction more than eight years after trial. In granting the extension, the panel had set aside an earlier decision of a single judge of the Court of Appeal. In a decision dated July 15, 2010 (2010 SCC 26, [2010] 2 S.C.R. 17), the Supreme Court held that, as it was the final court of appeal in Canada, s. 40(1) of the Supreme Court Act should be liberally interpreted. It determined that it had jurisdiction to deal with the leave application but dismissed it as it did not raise a question of sufficient importance.