Can an appeal judge assume jurisdiction where an appeal has been improperly entered for hearing?
Alberta, Canada
The following excerpt is from R. v. Davey, 1975 ALTASCAD 25 (CanLII):
It is clear that s. 750 of the Criminal Code creates a statutory right of appeal and confers jurisdiction to hear that appeal. Accordingly, any failure to comply with the provisions of s. 750 goes to jurisdiction. If an appeal is improperly entered for hearing the appeal judge cannot assume jurisdiction where there is none because jurisdiction cannot be conferred by consent or error. In my opinion that is what Regina v. Bailey (supra) decides.
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