La norme d'intervention en appel sur les questions constitutionnelles & sur la peine

R v Pietz, 2025 MBCA 5

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[20]                     The applicable standard of review is not in dispute. This Court reviews a Charter decision to ensure the correct legal principles were stated and there was no misdirection in their application. The standard of review is correctness. Deference is applied to the evidentiary foundation forming the basis of the trial judge’s decision. Absent palpable and overriding error, the facts as found by the trial judge should not be disturbed. This Court “will also examine the application of the legal principles to the facts of the case to see if the facts, as found by the judge, satisfy the correct legal test. In the criminal law context, this is a question of law and the standard of review is correctness” (R v Farrah (D), 2011 MBCA 49 at para 7(c); see also R v Richard (DR), 2013 MBCA 105 at para 48).

[21]                     The standard of review on a sentence appeal is deferential. An appellate court can only intervene with a sentence that is demonstrably unfit or where there is an error in principle that had an impact on the sentence (see R v Friesen, 2020 SCC 9 at paras 25-29).