APPEALS - Grounds - Powers of appellate court - Right of - By accused

Law360 Canada ( September 17, 2026, 9:34 AM EDT) -- Review by applicant of a chambers judge’s decision denying his motion to extend the time to file a notice of appeal from his conviction for second-degree murder and sentence of life imprisonment. The applicant expressed his intention to appeal after sentencing but did not file a notice of appeal within the prescribed time and later sought an extension. The chambers judge found that the applicant had a bona fide intention to appeal but concluded there was no reasonable excuse for part of the delay, that the proposed grounds of appeal lacked sufficient substance, and that it was not in the interests of justice to permit the appeal to proceed. The applicant sought review, arguing that the trial judge applied the incorrect legal test for juror bias, erred by failing to declare a mistrial after a juror conducted internet research into his prior criminal history and disclosed it to other jurors, erred in concluding a curative instruction was sufficient, and imposed an excessive and disproportionate parole ineligibility period. The respondent argued that the court lacked jurisdiction to review the chambers decision because the Criminal Code did not permit review of a decision denying an extension of time....
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