Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the Court of Appeal.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Derek Froese was convicted of impaired driving. He was sentenced to an $1800 fine and a mandatory 1-year driving prohibition. He appealed his conviction and had a date set in the future for a hearing of his appeal.
At the time that he filed his appeal, he applied to the court for a stay of the driving prohibition which would allow him to continue to drive, pending the outcome of his case.
His application for a stay was dismissed which meant he had to serve the driving prohibition while he was waiting for his decision on his appeal and while he was waiting to even have the hearing on his appeal.
If a person can’t have their hearing in time to have their entire penalty completed, why should they have to serve the consequences of the conviction that they are currently appealing?
Watch the video for more.