The CA observed that, “when an appeal is struck due to the late filing of materials, those late materials should be appended to the application in order to demonstrate to the court that the applicants are in a position to immediately cure the defect.”
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This case concerns the test and the surrounding principles to be engaged at a critical moment in the appellate process: the moment when courts are asked to determine whether or not to grant bail.
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Does s. 244.2(1)(a) of the Criminal Code require a firearm to be discharged from one physical place into or at a different physical place?
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Which “justificatory framework” applies to the public health orders?
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The C.A. found that, even though the Trial Judge’s analysis was “arguably absent” by way of justification for the award, the result was “substantial” and “generous” to the Appellants.
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The decision is significant in that it states unequivocally that the Appeal Board does not have a mandate to give confidential advice to the Minister.
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