What is the standard of review on a summary conviction appeal?
Alberta, Canada
The following excerpt is from R. v. Dhillon, 2006 ABQB 109 (CanLII):
The standard of review on a summary conviction appeal can vary depending on the nature of the issues under appeal. On issues of law, the appropriate standard of review is correctness. On issues of fact, which include inferences of fact, the appropriate standard is palpable and overriding error: Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33; R. v. Eagle Child, 2005 ABQB 275 at para. 21.
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