section 111(10)

INTRODUCTION AND BRIEF DESCRIPTION

Part XXVII of the Criminal Code, with specified exceptions, applies to appeals made under subsections (8) or (9) with modifications as necessary.

SECTION WORDING

111(10) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (8) or (9), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

EXPLANATION

Section 111(10) of the Criminal Code of Canada pertains to the procedure for appealing conviction or sentence in the superior court. This section states that the provisions laid out in Part XXVII, except for sections 785 to 812, 816 to 819, and 829 to 838, apply to appeals made under subsection (8) or (9), with necessary modifications as per the circumstances, similar to how references made to the appeal court in that part should be considered as references to the superior court. Part XXVII of the Criminal Code of Canada deals with appeals, and sections 785 to 812, 816 to 819, and 829 to 838 cover some technical aspects that are irrelevant in the context of appealing convictions or sentence in the superior court. The appeals process can be complicated, and this section aims to clarify that the same principles outlined in Part XXVII apply to appeals made under subsections (8) or (9), which pertain to the superior court. The modifications mentioned in this section will depend on the circumstances of each case, and they may differ from one appeal to another. However, the intent is to ensure that the process is fair and consistent. It also emphasizes that the superior court, as the court of appeal, has the same powers and jurisdiction as laid out in Part XXVII. In summary, Section 111(10) of the Criminal Code of Canada aims to ensure that appeals made under subsections (8) or (9) to the superior court follow the same procedural principles laid out in Part XXVII, with necessary modifications, to maintain consistency, clarity, and fairness in the appeals process.

COMMENTARY

Section 111(10) of the Criminal Code of Canada essentially states that all the provisions of Part XXVII of the Code apply to appeals made under subsections (8) or (9), except for certain sections. These excluded sections include sections 785 to 812, which deal with summary conviction appeals, sections 816 to 819, which deal with appeals from military tribunals, and sections 829 to 838, which deal with extradition appeals. Instead, for appeals made under subsections (8) or (9), the provisions of Part XXVII will be applied with modifications as necessary, and references to the appeal court will be interpreted as referring to the superior court. The purpose of this section is to ensure that appeals made under subsections (8) or (9) of section 111 receive consistent treatment and procedural guidance as appeals made under the more common routes of Part XXVII. Subsection (8) refers to appeals made by the Crown where an accused person is acquitted of an offence where the maximum punishment is imprisonment for 5 or more years, and the Crown wishes to appeal that acquittal. Subsection (9) refers to appeals by an accused person who has been convicted of an indictable offence at trial, and wishes to appeal that conviction. By applying the provisions of Part XXVII to these less common appeal routes, the Criminal Code ensures that the legal rights of both parties are protected, and that justice is served by allowing higher courts to review decisions made at lower levels. These provisions include the right to a fair hearing, the requirement for written reasons for judgments, and the ability to make oral arguments in court. However, it is important to note that the modifications to Part XXVII will be applied as necessary. This means that there may be differences in the way appeals under subsections (8) or (9) are conducted, compared to regular appeals under Part XXVII. These modifications will be made to ensure that the appeals process is appropriate for the specific circumstances of the case. Overall, section 111(10) of the Criminal Code serves an important role in ensuring that all appeals under the Code are treated consistently and fairly. By providing clear guidance on the process for appeals made under subsections (8) or (9), this section helps to protect the legal rights of all parties involved and ensures that justice is served in a transparent manner.

STRATEGY

Section 111(10) of the Criminal Code of Canada outlines the application of Part XXVII to appeals made under subsection (8) or (9). This section dictates that the provisions of Part XXVII, excluding sections 785 to 812, 816 to 819, and 829 to 838, will apply to such appeals. However, these provisions will be modified as needed and will treat the superior court as the appeal court. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that one must be aware of. These considerations include: 1. Understanding the Appeal Process One must fully understand the appeal process and the procedural requirements involved. It is crucial to have a comprehensive understanding of the Criminal Code's relevant sections to deal effectively with this matter. This includes understanding the modified provisions in Part XXVII, as well as the circumstances that require such modifications, and having a clear understanding of the role of the superior court. 2. Identifying Relevant Case Law Identifying relevant case law is critical in the success of an appeal. The counsel must research and understand case law to determine what precedent has to say regarding the matter at hand. This information is critically important, as it will assist in identifying arguments that would hold up in court. 3. Developing Strong Arguments Developing strong arguments is necessary to succeed in an appeal. Counsel must evaluate the relevancy of the modifications and the individual circumstances of the case at hand. Once identified, counsel must craft strong, persuasive arguments to convince the superior court that their position is the correct one. 4. Initiating an Appeal at the Earliest Opportunity Initiating an appeal at the earliest opportunity is essential. There are strict timelines within which one must adhere to initiate an appeal, and if you don't start your appeal on time, you forfeit your right to challenge the verdict. Failing to initiate an appeal will result in losing any opportunity to present such an appeal, which is why it is necessary to understand the timelines of the appeal process and ensure that you adhere to these timelines. 5. Consider Retaining a Legal Expert Finally, it is worth considering retaining a legal expert in the field of criminal appeals. Legal experts possess an in-depth understanding of relevant case law, the intricacies of the appeal process, and the specific provisions of the Criminal Code. They may offer new viewpoints that could help create a strong case, possibly achieving the best possible outcome for clients. Conclusion In conclusion, section 111(10) of the Criminal Code of Canada applies in respect of appeals made under subsection (8) or (9), with such modifications as the circumstances require and as if each reference in Part XXVII to the appeal court were a reference to the superior court. When dealing with this section of the Criminal Code of Canada, understanding the appeal process, identifying relevant case law, developing strong arguments, initiating an appeal at the earliest opportunity, and considering retaining a legal expert are critical strategic considerations that one must be aware of. By following the above-mentioned strategies, one can navigate the appeal process smoothly, potentially achieving the desired outcomes for their clients.