R. v. Fraser Papers (Canada) Inc., 2006 CanLII 6749 (NB CA)

This application for leave to appeal was considered by the New Brunswick Court of Appeal.

After Fraser Papers (Canada) Inc. ("Fraser Papers") was charged with violating New Brunswick’s Clean Air Act, Fraser Papers filed a motion asking the Court to declare that the relevant provision of the Clean Air Act violated sections 7 and 11 of the Canadian Charter of Rights and Freedoms. The Provincial Court dismissed the motion in an interlocutory decision, and Fraser Papers sought leave to appeal directly to the New Brunswick Court of Appeal.

Although in certain circumstances it would be possible for a party to appeal directly to the New Brunswick Court of Appeal without first appealing to the New Brunswick Court of Queen’s Bench, the Court of Appeal held that interlocutory decisions could not be appealed in that way. It therefore held that it did not have the jurisdiction to hear Fraser Papers’ appeal, and leave to appeal was denied.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbca/doc/2006/2006canlii6749/2006canlii6749.html

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