INTRODUCTION AND BRIEF DESCRIPTION
This section outlines appeal rights for individuals who appeared in proceedings on grounds of appeal involving questions of law, fact, or mixed law and fact.
SECTION WORDING
320(6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings (a) on any ground of appeal that involves a question of law alone, (b) on any ground of appeal that involves a question of fact alone, or (c) on any ground of appeal that involves a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with such modifications as the circumstances require.
EXPLANATION
Section 320(6) of the Criminal Code of Canada outlines the appeal process for individuals who have been subject to an order made under subsection (4) or (5) of the same section. Subsections (4) and (5) of Section 320 pertain to orders made by a judge concerning the expectation of an impaired driving offender to provide a blood sample for analysis or to submit to a physical test to determine their level of impairment. Under Section 320(6), any person who appeared in the relevant proceedings has the right to appeal the order. This appeal may be made on any ground that involves a question of law, fact, or a combination of both. In each case, the appeal is treated as though it were an appeal against a conviction or verdict of acquittal on a question of law under Part XXI of the Criminal Code. This section ensures that individuals subject to an order made under subsections (4) or (5) of Section 320 have the ability to appeal the decision. This ensures that any potential errors or issues with the order can be addressed through the appeals process. The inclusion of appeals based on questions of fact or mixed law and fact recognizes that such appeals may be necessary in situations where the decision is based on more than just legal considerations. Overall, this section is an important component of the Criminal Code's approach to impaired driving offences and ensures that the rights of individuals are protected throughout the legal process.
COMMENTARY
Section 320(6) of the Criminal Code of Canada provides the grounds for appeal for orders made under subsection (4) or (5) of that section. It enables any person who appeared in the proceedings to file an appeal on any ground that involves a question of law alone, a question of fact alone, or a question of mixed law and fact. The Code grants those who exercise their right of appeal the same protection and rights as those who appealed against a conviction or a judgment of acquittal. The provision for appeal in Section 320(6) is an important protection for those who feel aggrieved by the decision of the court. It is a crucial component in the system of justice as it ensures that any perceived errors, whether in law or fact, during the lower court proceedings, can be identified, reviewed, and corrected. This provision is of critical importance in ensuring that the justice system functions properly and that justice is done. Appeals are critical in ensuring that the criminal justice system works efficiently and effectively. They serve as a check and balance on the decisions made by lower courts and ensure that the trial courts follow the guiding principles of the law. By providing a second route for review, the appeals process ensures that decisions are fair, consistent, and align with the law and policy. The Criminal Code of Canada provides an exhaustive but not an all-inclusive list of the grounds for appeal. In cases where an error in law is identified by the appellate court, the court can quash the judgment handed down by the lower court. Alternatively, if the question is one of law and fact, the appellate court can substitute its own judgment for that of the lower court. The implication of a successful appeal is a new trial or a fresh hearing. In exceptional cases, the appellate court may decide to enter a verdict of acquittal or conviction. Section 320(6) is a detailed and comprehensive body of law that works hand in hand with the general principles of criminal law. It extends the rights of the accused to ensure that their interests are protected all the way through the criminal justice system. By empowering individuals with the right of appeal, the Code ensures the proper application of the law and the protection of individual rights. In conclusion, appeals are critical in ensuring that the criminal justice system functions correctly. The appeal provisions in Section 320(6) of the Criminal Code of Canada is an important safeguard against the abuse of the judicial process. It is a vital component in ensuring that the rule of law is maintained, that errors are identified and corrected, and that the rights of the accused and protected.
STRATEGY
Section 320(6) of the Criminal Code of Canada offers a route for appealing an order made under subsection (4) or (5) of that section. This section is important because it allows a person to appeal against an order related to impaired driving charges. There are several strategic considerations when dealing with this section of the Criminal Code. Some of these strategic considerations may help a person be successful in their appeal, while others may help to avoid a costly and time-consuming appeal. One of the first strategic considerations is to determine the grounds for appeal. Section 320(6) allows for an appeal on several grounds, including questions of law, fact, or mixed law and fact. Before appealing, it is essential to identify the appropriate grounds for appeal. For example, if the issue revolves around the interpretation of a legal provision, then the appropriate grounds for appeal would be a question of law. Additionally, if the issue revolves around the accuracy of the facts presented at trial, then the appropriate grounds for appeal would be a question of fact. Another strategic consideration when dealing with this section of the Criminal Code is to identify potential legal issues that could be raised on appeal. These issues may include errors in the application of law or evidence, procedural irregularities, or violations of the defendant's constitutional rights. Identifying these issues is essential because they may be the key to winning an appeal. One strategy that could be employed is to hire an experienced appellate lawyer to handle the appeal. Appellate lawyers are experienced in handling appeals and can provide a unique perspective on the legal issues at hand. They can also help to identify potential legal issues and provide strategic advice on how to approach the appeal. Another strategy that could be employed is to conduct a thorough investigation of the case. This investigation can help to uncover important evidence that was not presented at trial, which could be used to support the appeal. For example, new information about the accuracy of breathalyzer machines could be used to challenge the accuracy of the results presented at trial. A third strategy that could be employed is to carefully review the trial record and identify potential errors that may have impacted the outcome of the trial. For example, if the trial judge made errors in the application of the law or evidence, this could be used to support the appeal. In conclusion, section 320(6) of the Criminal Code of Canada provides a route for appealing an order related to impaired driving charges. Several strategic considerations should be taken into account when dealing with this section of the Criminal Code, including identifying the grounds for appeal, identifying potential legal issues, hiring an experienced appellate lawyer, conducting a thorough investigation of the case, and carefully reviewing the trial record. By taking these considerations into account, a person can increase their chances of success when appealing an order related to impaired driving charges.