Pepper, E. R.

English

York University, Osgoode Hall Law School

Osgoode Hall Law JournalVolume 1, Number 1 (June 1958) Article 14Book Review: Summary Conviction Appeals toCounty Courts, by R. W. FoxallE. R. PepperFollow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohljBook ReviewThis Book Review is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion inOsgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons.Citation InformationPepper, E. R.. "Book Review: Summary Conviction Appeals to County Courts, by R. W. Foxall." Osgoode Hall Law Journal 1.1 (1958) :90-90.http://digitalcommons.osgoode.yorku.ca/ohlj/vol1/iss1/14OSGOODE HALL LAW JOURNALSummary Conviction Appeals to* County Courts. By R. W. FOXALL,Deputy Clerk, County Court of the County of York, Ontario. Withan introduction by G. ARTHUR MARTIN, Q.C., Toronto: The CarswellCompany Limited. 1957. Pp. xvi, 115.Mr. Foxall at the beginning of his book states that it contains "acompilation of statute references and forms pertinent to appeals fromsummary conviction courts to county courts in Ontario as of March,1957".After carefully reading through this work and obtaining theopinion of leading defence counsel throughout Ontario, it is my opinionthat Mr. Foxall is being more than modest. The book is not only acompilation but also a revelation of the intricacies involved in guidingan appeal from summary conviction courts to county courts. Anyonewho has ever attempted to follow the rules as set out in sections 719to 743 of the Criminal Code realizes the importance of having a clearand precise step by step procedure to follow in perfecting the appeal.Not only is each relevant section of the Criminal Code set out, but also,sections of Ontario Statutes which require certain variations in theappeal procedure are quoted. Mr. Foxall also sets out conditions thatmerit special notice and notes on relevant case law, all of which mustbe kept in mind when going through the maze of procedure which willtake a case from a summary conviction court to a county court.In late March of 1958 the Court of Appeal for Ontario, in thecase of Desaulniers v. Desaulniers, laid down as law that all the con-ditions set out in the Criminal Code pertaining to appeals from summaryconviction courts are conditions precedent and must be strictly adheredto in order to get the case before a county court Judge. Any slightvariation from these conditions precedent completely blocks the countycourt Judge from hearing the appeal. As readers can readily see, it isnow more important than ever to have a clear-cut guide to the pre-paration of these appeals.Mr. G. Arthur Martin, Q.C., in his introduction, comments on theusefulness of this book to the general practitioner when he notes that"there is perhaps no branch of Criminal Law where substantive rightsare more easily lost by failure to comply with procedural requirements.The increase in the number of offences punishable on summary con-viction emphasizes the necessity for familiarity with this branch ofCriminal Procedure. Mr. Foxall has given to the members of theprofession a lamp with which to light their way through the intricacyof this branch of the law. This work cannot fail to be of great assistanceto Practitioners and Students." With this comment I am in completeagreement.E. R. PEPPER ** Assistant Director of Public Prosecutions, Ontario.[V€OL. I

Book Review: Summary Conviction Appeals to County Courts, by R. W. Foxall

https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=2557&amp;context=ohlj

Book Review: Summary Conviction Appeals to County Courts, by R. W. Foxall

Abstract

Similar works

Full text

Available Versions

York University, Osgoode Hall Law School