section 672.73(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the requirements for filing an appeal against a court or Review Board decision, including the need for a transcript of proceedings and any other relevant evidence.

SECTION WORDING

672.73(1) An appeal against a disposition by a court or Review Board or placement decision by a Review Board shall be based on a transcript of the proceedings and any other evidence that the court of appeal finds necessary to admit in the interests of justice.

EXPLANATION

Section 672.73(1) of the Criminal Code of Canada outlines the criteria for an appeal against a disposition by a court or Review Board or a placement decision by a Review Board. An appeal can only be made based on the transcript of the proceedings, and any additional evidence that might be required to serve the interests of justice. The section implies that appellate courts must consider the evidence presented in the original trial or hearing in order to make a just and fair decision. Additionally, the court of appeal can consider additional evidence, but only if it is needed to ensure justice is served. The section also stresses the importance of transparency and accuracy in court proceedings; the transcript is vital in ensuring that all aspects of the proceedings are accurately recorded. This section underscores the commitment of the Canadian legal system to ensuring that justice is served by providing appropriate mechanisms for appeal and access to additional evidence in cases where it is in the interests of justice.

COMMENTARY

Section 672.73(1) of the Criminal Code of Canada provides for the appeal of a disposition or placement decision made by a court or Review Board in a criminal case. The section outlines the basis on which such an appeal may be made, which is the availability of a transcript of the proceedings and any other evidence that the court of appeal deems necessary to admit in the interests of justice. The section reflects the importance of transparency and accountability in the Canadian criminal justice system. It ensures that individuals who have been convicted of a criminal offence and have received a disposition or placement decision that they believe to be unjust or inappropriate have the opportunity to appeal it in a clear and structured manner. The requirement to base the appeal on a transcript of the proceedings and any other evidence that is necessary to admit is crucial in maintaining the integrity of the appellate process. A transcript of the proceedings provides an accurate record of what transpired in court or before the Review Board, and any other evidence that is necessary to admit will help to ensure that the appellate court has all of the information it needs to make a fair and informed decision. The section also reflects the principle of proportionality in the criminal justice system. By allowing for the appeal of dispositions and placement decisions, the section recognizes that the punishment must fit the crime. A sentence that is disproportionate to the offence committed may be challenged through the appellate process, ensuring that justice is served. Furthermore, the section reflects the importance of a fair and impartial judiciary in the Canadian criminal justice system. The availability of the appellate process ensures that the judiciary is held accountable for the decisions that they make, and that the interests of justice are served. Finally, the section acknowledges the importance of human rights in the Canadian criminal justice system. By providing for the appeal of dispositions and placement decisions, the section ensures that the human rights of individuals who have been convicted of a criminal offence are protected. This is particularly important in cases where an individual may have been unfairly treated or discriminated against by the court or Review Board. In conclusion, section 672.73(1) of the Criminal Code of Canada is an essential part of the Canadian criminal justice system. It ensures that justice is served by providing for the appeal of dispositions and placement decisions, and that the interests of justice and human rights are protected. The requirement to base the appeal on a transcript of the proceedings and any other evidence that is necessary to admit ensures that the process is fair, transparent, and accountable.

STRATEGY

Section 672.73(1) of the Criminal Code of Canada clearly outlines the necessary requirements for appealing a disposition by a court or Review Board or placement decision made by a Review Board. For individuals who are looking to appeal any of these decisions, there are several strategic considerations that must be taken into account. Here are some strategies that one could employ when dealing with this section of the Criminal Code of Canada. Firstly, it is essential to obtain a transcript of the proceedings. This could help the appellant fully understand the decision made by the Review Board, enabling them to identify any errors, omissions, or irregularities made by the court or Review Board. It is crucial to go through the transcript thoroughly, highlighting any areas that might be relevant to the appeal. With the assistance of a legal expert, one could pinpoint any inconsistencies in the decision and develop a strategic plan on how to address them. Secondly, it is vital to gather additional evidence or information that could help support the appellant's case. While this section of the Criminal Code of Canada provides the court of appeal with discretion on the type of evidence to admit, the application must be relevant to the case and must not cause any prejudice to the parties involved. Therefore, appellants should only focus on gathering evidence that is admissible, reliable, and credible to strengthen their appeal. Another strategy that could be employed is consulting with an experienced appellate lawyer. Given that those dealing with appeals have gone through the trial process and might have limited experience in appeals, appellate lawyers can provide valuable insights on developing strong grounds of appeal. Furthermore, they can help appellants with the procedural requirements of an appeal and provide representation where necessary. Lastly, the appellant should be aware of the time limit to file an appeal. The timeframe to file is 30 days from the date of the judgment or decision. Failing to comply with the time limit will render the appeal null and void. In conclusion, those looking to appeal a disposition by a court or Review Board or placement decision by a Review Board should keep in mind the strategic considerations outlined above. Obtaining a transcript of the proceedings, gathering additional evidence, consulting with an experienced appellate lawyer, and being aware of the time limit to file an appeal are crucial steps for a successful appeal. By following a strategic approach, one could raise strong grounds of appeal and achieve a favorable outcome.