What is the test for establishing that a right of appeal is exclusive?
Alberta, Canada
The following excerpt is from R. v. Palmer, 2000 ABQB 775 (CanLII):
In Welch v. The King (1950), 1950 CanLII 8 (SCC), 97 C.C.C. 177 (S.C.C.), at page 192 Mr. Justice Fauteux for the majority states: The right of appeal is an exceptional right. That all the substantive and procedural provisions relating to it must be regarded as exhaustive and exclusive need not be expressly stated in this statute. That necessarily flows from the exceptional nature of the right.
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