R. v. Neville, 2021 NSCA 16

Nova Scotia Court of Appeal Citation: R. v. Neville , 2021 NSCA 16 Date: 20210216 Docket: CAC 497032 Registry: Halifax Between: Abbie Patrick Neville Appellant v. Her Majesty The Queen Respondent Judges: Wood, C.J.N.S.; Fichaud and Beaton, JJ.A.

Appeal Heard: February 16, 2021, in Halifax, Nova Scotia Written Release February 17, 2021 Held: Appeal dismissed, per reasons for judgment of Wood, C.J.N.S.; Fichaud and Beaton, JJ.A. concurring Counsel: Gregory McNeil, for the appellant Monica McQueen, for the respondent Reasons for judgment (orally): [ 1 ] Having read the written submissions of counsel and having heard their oral submissions, the panel has reached a unanimous conclusion on the jurisdictional issue. Once the indictable offence was dismissed by the trial judge, the remaining charge continued as a

summary proceeding and a conviction was entered. [ 2 ] An appeal from the

summary conviction must go to the Nova Scotia Supreme Court as the

Summary Conviction Appeal Court and not the Nova Scotia Court of Appeal. The conditions of s. 675(1.1) of the Criminal Code have not been met and the appeal is dismissed for jurisdictional reasons. Wood, C.J.N.S. Concurred in: Fichaud, J.A. Beaton, J.A.