What jurisdiction is given to the appeal court under Pt. XXIV of the Criminal Code?
Saskatchewan, Canada
The following excerpt is from R. v. Flink, 1978 CanLII 1788 (SK QB):
This section clearly gives to the summary conviction court jurisdiction to conduct a full and complete trial of the matter before it. A trial is not limited to the determination of the issues. It embraces all proceedings before the court conducting the trial, including the proceedings prior to the time that the trial of the issues commences and those that arise after the conviction, including the imposition of an appropriate sentence or the making of any order prescribed by law: see Morin v. R. (1890), 1890 CanLII 38 (SCC), 18 S.C.R. 407, per Patterson J. at p. 462. It does not seem to me that any jurisdiction is given to the appeal court under Pt. XXIV of the Criminal Code either expressly or by implication until such time as the trial before the summary conviction court has been completed.
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