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JR - Criminal. Ledsham v. Hanna et al
In Ledsham v. Hanna et al (Ont Div Ct, 2025) the Ontario Divisional Court dismissed a motion "for an extension of time to file a judicial review" against various criminal decisions:[13] In this case, Mr. Ledsham’s motion must be dismissed based on the first concern raised by the court. The Divisional Court does not have jurisdiction to review the orders of Justice Hanna. Criminal law falls within federal jurisdiction. The rules for the appeal of criminal matters are found in the Criminal Appeal Rules, which are made under the Criminal Code, R.S.C. 1985, c. C-46. Part XXVI of the Criminal Code also tightly limits the availability of certiorari. An application for certiorari is brought to a single judge of the Superior Court. The Divisional Court’s judicial review powers arise from the Judicial Review Procedure Act, R.S.O. 1990, c. J.1, which is provincial legislation and which does not provide any authority for the judges of the Divisional Court to review criminal orders outside of the usual criminal process. The Divisional Court therefore plainly does not have jurisdiction to review criminal orders from the Ontario Court of Justice.
[14] Mr. Ledsham cites R. v. Deschamplain, 2004 SCC 76, [2004] 3 S.C.R. 601 for the proposition that judicial review is available where a lower court exceeds its jurisdiction or denies procedural fairness. But that case involved an application for certiorari to a single judge of the Superior Court of Justice. It did not involve review by the Divisional Court and does not say anything about the jurisdiction of the Divisional Court.
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