Quebec Court of Appeal grants appeal to Montreal SPCA in Longueuil deer cull
Posted October 25, 2022 9:45 pm.
The Quebec Court of Appeal has rendered its decision on the Society for the Prevention of Cruelty to Animals (SPCA) application for leave to appeal in Longueuil deer cull.
Montreal SPCA says after the Superior Court refused to order the suspension of the deer cull planned this fall by the City of Longueuil, it filed an application for leave to appeal, sighting the Superior Court had made several errors in its analysis.
What is an application for leave to appeal? The Supreme Court of Canada says, “In order to appeal a decision of a court of appeal in a civil case, and this is also true in most criminal cases to the Supreme Court of Canada, the person wishing to appeal (the “applicant”) must ask the Supreme Court of Canada for leave (permission) to do so.”
Adding, “This means that the applicant must successfully apply to the Supreme Court of Canada for leave to appeal before the appeal itself can be heard. An application for leave to appeal is a document by which the applicant requests leave. It must be ‘filed’ with the Registrar and ‘served’ on all other parties.”
RELATED:
- Judge says Longueuil deer cull can go ahead; SPCA to appeal decision
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- Longueuil suspends deer cull operation until after trial
On Oct. 19, the appeal was heard by The Quebec Court of Appeal.
“The situation is exceptional and it is in the best interests of justice that leave to appeal be granted,” said Honourable Justice Stephen W. Hamilton of the Quebec Court of Appeal, translated from french by the SPCA in a statement.
Montreal SPCA will be providing the appeal on Nov. 25.
