The Crown has a right to appeal an acquittal in Ontario, but it is restricted to questions of law alone. Questions of law include such matters as:
@ misinterpretation or misapplication of salient legal standards, including the elements of the offences;
@ assessing evidence based on erroneous legal principles;
@ making findings of fact not based on the evidence;
@ failing to give legal effect to findings of fact or of undisputed facts;
@ failing to consider all the evidence bearing on guilt or innocence;
@ failing to properly admit evidence; and,
@ failing to provide adequate reasons.
So when broken down, the Crown has potential options to appeal within the umbrella of “Questions of law” as long as it does not venture outside that umbrella. *
* This blog is not a substitute for legal advice. Should you require legal advice , a lawyer should be consulted to advise on the specific circumstances of your case.