section 672.72(3)

INTRODUCTION AND BRIEF DESCRIPTION

The court of appeal must hear an appeal against a disposition or placement decision as soon as possible.

SECTION WORDING

672.72(3) The court of appeal shall hear an appeal against a disposition or placement decision in or out of the regular sessions of the court, as soon as practicable after the day on which the notice of appeal is given, within any period that may be fixed by the court of appeal, a judge of the court of appeal, or the rules of that court.

EXPLANATION

Section 672.72(3) of the Criminal Code of Canada pertains to the process of appealing a disposition or placement decision made by a lower court. A disposition decision refers to the type of punishment or sentence handed down by a judge in a criminal trial after the accused has been found guilty. A placement decision, on the other hand, refers to the decision of where the convicted person will serve their sentence - whether in jail, a community service program, or under house arrest. If the individual or their legal representative is dissatisfied with the decision made by the lower court, they have the right to appeal the decision to a higher court. This section outlines the timeline and urgency of such appeals. According to the section, the court of appeal must hear the appeal as soon as possible after the notice of appeal is given. In this regard, the court of appeal must set a period within which the appeal must be heard, though the timeframe may be extended in certain circumstances. This provision emphasizes the importance of speedy justice in the Canadian legal system, ensuring that those who have been convicted and sentenced can have their case heard in a timely manner. It also gives individuals the opportunity to contest the validity of the decision if they feel that there has been a miscarriage of justice. This is an important safeguard that helps to ensure that the judicial process in Canada is fair and transparent, resulting in just outcomes for all involved.

COMMENTARY

Section 672.72(3) of the Criminal Code of Canada is an essential part of our criminal justice system. It pertains specifically to the appeals process for dispositions or placement decisions made by the court. This section of the Criminal Code establishes the timeframe within which such appeals must be heard, highlighting the importance of timely justice. The appeals process is crucial in maintaining fairness and justice in our legal system. It provides an opportunity for individuals who have been convicted to challenge the verdict rendered against them. The appeals process also aims to ensure that any mistakes made during the initial trial are corrected. Therefore, appealing a verdict is an essential right in a democratic society. Section 672.72(3) establishes a strict timeframe within which appeals must be heard. This timeframe is critical to ensure that the appeals process is not protracted, and justice is expedited. The section states that the Court of Appeal must hear appeals against any disposition or placement decision in or out of the regular sessions of the court as soon as practicable after the notice of appeal is given, within any period that may be fixed by the court of appeal, a judge of the court of appeal, or the rules of that court. This establishes a timeframe for hearing appeals, ensuring that the appeals process is swift, in line with the principles of justice and fairness. The purpose of having a specified timeframe for appeals is to minimize delays that can significantly impact the lives of people. For instance, if someone is languishing in jail and waiting for their appeal hearing, they are deprived of their liberty for an extended period. Section 672.72(3) ensures that the appeals process is expedited, helping to minimize the harm to those who are waiting for their appeal hearing. Additionally, the specified timeframe ensures that the mental anguish and stress of waiting for a verdict are avoided. Moreover, expedited appeals are essential for ensuring public confidence in our legal system. If the appeal process is too protracted, the public may lose trust in the ability of the legal system to deliver justice. With the establishment of a set timeframe, the public can trust that the appeals process is timely and just, ultimately enhancing public trust in the legal system. In conclusion, section 672.72(3) of the Canadian Criminal Code is a vital provision for the administration of justice in Canada. The establishment of a specified timeframe for hearing appeals ensures that justice is swift, and the appeals process is efficient. The provision helps to minimize delays and prevent mental anguish and stress that individuals may experience waiting for an appeal hearing. Ultimately, timely appeals are critical for enhancing public confidence in our legal system.

STRATEGY

Section 672.72(3) of the Criminal Code of Canada is a crucial provision that governs the appeals process for disposition and placement decisions. This provision outlines the timelines and procedures for appealing a placement decision and the considerations that legal practitioners must keep in mind while dealing with such appeals. In this essay, we will explore some of the strategic considerations when dealing with this section of the Criminal Code of Canada and suggest some possible strategies that could be employed. One of the most important strategic considerations for lawyers dealing with appeals under this section is the strict timelines outlined in the provision. The provision requires that the court of appeal hears the appeal as soon as practicable after the notice of appeal is given. Furthermore, the court of appeal may fix a period within which the appeal must be heard. Hence, lawyers must ensure that they adhere to these timelines to avoid having their appeal struck out due to delay. A strategy that could be employed to meet these strict timelines is for lawyers to promptly file the notice of appeal and all relevant documents that support their argument. This can help expedite the appeal process and ensure that the case is heard within the period prescribed by the court of appeal. Counsel can also consider making an application to the court of appeal for an expedited hearing and providing reasons that justify such an application. Another strategic consideration for lawyers dealing with appeals under this provision is the standard of review that the court of appeal will apply. The standard of review is a significant factor that can determine the outcome of the appeal. In this regard, lawyers must have a clear understanding of the applicable standard of review and frame their arguments accordingly. A strategy that could be employed in such circumstances is for lawyers to critically assess the trial judge's disposition decision and identify any errors of law or fact that they believe were made. Counsel should then make strong submissions to the court of appeal that highlight these errors and argue why they are significant enough to warrant a different disposition. This can help persuade the court of appeal to adopt a different standard of review and overturn the trial judge's decision. Lastly, another strategic consideration when dealing with appeals under this provision is the importance of establishing a clear and compelling record of the proceedings. This can be crucial in ensuring that the court of appeal has all the necessary information to make an informed decision. As such, lawyers must make sure that they accurately record all the evidence presented at trial, as well as any arguments made by all the parties involved. A strategy that could be employed in such circumstances is to emphasize the weight of the evidence that supports an alternative disposition to the one made by the trial judge. Lawyers can also consider providing the court with transcripts of any relevant testimony or evidence that was not fully captured in the trial record. This can help ensure that the court of appeal has all the necessary information to make a just and informed decision. In conclusion, Section 672.72(3) of the Criminal Code of Canada is a key provision that sets out the timelines and procedures for appealing disposition and placement decisions. In dealing with this section, lawyers must consider the strict timelines, the applicable standard of review, and the importance of the record of the proceedings. By employing the strategies outlined above, legal practitioners can increase their chances of success in appealing placement decisions.