INTRODUCTION AND BRIEF DESCRIPTION
A judge of the court of appeal may release an appellant from custody pending their appeal if they have given notice of appeal or leave to appeal.
SECTION WORDING
679(1) A judge of the court of appeal may, in accordance with this section, release an appellant from custody pending the determination of his appeal if, (a) in the case of an appeal to the court of appeal against conviction, the appellant has given notice of appeal or, where leave is required, notice of his application for leave to appeal pursuant to section 678; (b) in the case of an appeal to the court of appeal against sentence only, the appellant has been granted leave to appeal; or (c) in the case of an appeal or an application for leave to appeal to the Supreme Court of Canada, the appellant has filed and served his notice of appeal or, where leave is required, his application for leave to appeal.
EXPLANATION
Section 679(1) of the Canadian Criminal Code pertains to the release of an individual from custody pending the determination of their appeal by the court of appeal or the Supreme Court of Canada. The section outlines the conditions under which a judge may grant bail to the appellant. In the case of an appeal against conviction, the appellant must have given notice of their intention to appeal or, in cases where leave is required, notice of their application for leave to appeal. If the appeal is against sentence only, the appellant must have been granted leave to appeal. For appeals or applications for leave to appeal to the Supreme Court of Canada, the appellant must have filed and served their notice of appeal or application for leave to appeal. The purpose of this section is to ensure that individuals who have been convicted or sentenced have an opportunity to appeal their case without being held in custody. This provision recognizes that being held in custody can have a negative impact on an individual's ability to prepare for and pursue an appeal. Additionally, it recognizes the presumption of innocence and the right of an individual to challenge their conviction or sentence. Overall, Section 679(1) emphasizes the importance of the appeals process in ensuring fair and just outcomes in criminal cases and provides a mechanism for individuals to seek release from custody while their appeals are being determined.
COMMENTARY
Section 679(1) of the Criminal Code of Canada pertains to the release of appellants from custody pending the determination of their appeal. This section is an important aspect of the Canadian justice system, as it provides for the fair treatment of individuals who have been convicted of a crime and are seeking a higher court's decision on their case. The primary objective of Section 679(1) is to ensure that appellants are not subject to undue hardship while waiting for their appeal to be heard. This is especially important in cases where there are significant grounds for appeal, such as when a conviction or sentence appears to be unfair or unjust. By providing a mechanism for appellants to be released from custody, the Canadian justice system ensures that individuals are not punished excessively while awaiting the outcome of their appeal. Under Section 679(1), the circumstances under which an appellant may be released from custody pending the determination of their appeal are outlined. In cases where an appellant has appealed a conviction, they must have given notice of their appeal or, where leave is required, notice of their application for leave to appeal pursuant to Section 678. In the case of an appeal against sentence only, the appellant must have been granted leave to appeal. Finally, in cases where an appellant has appealed or made an application for leave to appeal to the Supreme Court of Canada, they must have filed and served their notice of appeal or application for leave to appeal. In practice, the criteria outlined in Section 679(1) are carefully considered by the court of appeal when determining whether or not to grant an appellant's release from custody. The court considers a range of factors, including the nature of the appellant's offence, their criminal history, the likelihood that they will re-offend, and the strength of their appeal. This process ensures that only those appellants who are deemed safe to society and who have strong grounds for appeal are granted release from custody. Overall, Section 679(1) is a crucial part of the Canadian justice system. It ensures that the law is applied fairly and that all individuals are treated equally in the eyes of the law. By providing for the release of appellants from custody, the Canadian justice system upholds the rights of individuals who have been convicted of a crime and ensures that they are not subject to undue hardship while waiting for their appeal to be heard.
STRATEGY
Section 679(1) of the Criminal Code of Canada provides avenues for appellants to seek release from custody while awaiting the determination of their appeal. However, there are several strategic considerations that must be kept in mind to maximize the potential for success. Some of the key strategic considerations for dealing with this section of the Criminal Code of Canada include the following: 1. Timing: The timing of the application for release is a crucial consideration. Counsel must carefully consider when to make the application to ensure that the hearing is held in a timely manner. Delays in scheduling the hearing, which are beyond the control of the appellant, can result in prolonged incarceration. 2. Evidence: The appellant must provide compelling evidence to support their application for release. This can include evidence of their strong ties to the community, their employment or education, or medical conditions such as mental or physical illness. Counsel should ensure that all necessary evidence is included in their submissions to the court. 3. Flight risk: The court will also consider whether the appellant is a flight risk. If there are concerns that the appellant will fail to appear for their hearing or flee the jurisdiction, it may be more difficult to secure their release. 4. Safety of the public: The safety of the public is a primary concern for the court in considering a release application. Counsel should address any concerns the court may have regarding the potential risk to the public if the appellant is released. In light of these strategic considerations, some strategies that could be employed to maximize the potential for success include the following: 1. Ensure that the application is made in a timely manner to avoid delays. 2. Gather compelling evidence to support the release application, including evidence of the appellant's ties to the community, employment or education, and medical conditions. 3. Address any concerns regarding flight risk or risk to the public. 4. Ensure that all necessary documentation, such as sureties and bail conditions, are properly prepared and ready to be presented to the court. 5. If necessary, consider making a joint submission with the Crown regarding the release of the appellant. 6. Be prepared to address any objections or concerns raised by the Crown or the court. In conclusion, section 679(1) of the Criminal Code of Canada provides appellants with the opportunity to seek release from custody while awaiting the determination of their appeal. However, strategic considerations must be carefully evaluated to maximize the potential for success. By gathering and presenting compelling evidence, addressing concerns regarding flight risk and public safety, and ensuring that all necessary documentation is in order, counsel can increase the likelihood of a favorable decision from the court.