SUBJECT: Appeals by Crown to the Court of Appeal and Supreme

POLICY This policy outlines the minimum requirements that must be met before an appeal to the Court of Appeal or Supreme Court of Canada will be approved. The fact that the criteria are met does not necessarily mean that an appeal will be initiated. Cases meeting the requirements will be considered on their own merits by the Director, CASP or designated Court of Appeal Crown Counsel. This policy recognizes that not every unfavourable result can or should be appealed and that the appeal process is onerous for both the Crown and the accused/respondent. This policy recognizes the value of finality in the administration of criminal justice and, to that end, generally discourages a second litigation of issues which a trial court has already decided. Subject to the policy entitled Environmental Prosecutions- ENV 1, all Crown appeals to the Court of Appeal and Supreme Court of Canada are to be approved by the Director of Criminal Appeals and Special Prosecutions (CASP) or the designated Court of Appeal Crown Counsel. Appeal Against Acquittal to the Court of Appeal No appeal against acquittal or judicial stay of proceedings will be approved unless: 1. it involves a question of law alone (section 676(1)(a)); 2. a reasonable argument can be made that the verdict would not necessarily have been the same if the error in law had not been made (Vezeau v. The Queen (1976) 28 CCC (2d) 81 (SCC)); and 3. the public interest requires an appeal