Criminal Code of Canada - section 679(10) - Directions for expediting appeal, new trial, etc.

section 679(10)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a judge to give directions for expediting the hearing of an appeal or new trial.

SECTION WORDING

679(10) A judge of the court of appeal, where on the application of an appellant he does not make an order under subsection (5) or where he cancels an order previously made under this section, or a judge of the Supreme Court of Canada on application by an appellant in the case of an appeal to that Court, may give such directions as he thinks necessary for expediting the hearing of the appellant’s appeal or for expediting the new trial or new hearing or the hearing of the reference, as the case may be.

EXPLANATION

Section 679(10) of the Criminal Code of Canada is a provision that enables a judge to give directions aimed at hastening the process of an appellant's hearing, hearing of evidence, or new trial hearing. This section provides the judge with the authority to give directions that are deemed necessary to expedite the hearing of an appellant's appeal or any related trials or appeals proceedings. The provisions in this section are essential in ensuring that justice is delivered expeditiously, particularly in instances where the accused is incarcerated and awaiting trial. This section is crucial in cases where an appeal or new trial is granted for an appellant seeking redress on decisions by lower courts. In such instances, the judge can take into account several factors and give directions on various procedural and administrative matters, including identifying the hearing timeline, determining available resources, and the number of witnesses to be called during the trial. It is worth noting that Section 679(10) does not only apply to appellants. The provision also caters to the needs of the prosecution when necessary. The judge can give the necessary direction for expediting the hearing of any case that goes to appeal or has been granted a new trial. This provision is critical in ensuring that the appeal process and hearings are expedited, and justice is delivered in a timely manner.

COMMENTARY

Section 679(10) of the Criminal Code of Canada is an important provision that aims to ensure the efficient and expeditious processing of appeals as well as new trials, new hearings, or references that arise in criminal proceedings. This legal provision empowers a judge of the court of appeal or the Supreme Court of Canada to give directions that are deemed necessary for expediting the hearing of an appellant's appeal or a new trial or hearing. The main objective of this legal provision is to eliminate delays that could arise during the appellate process. Appellate delays are often frustrating to criminal defendants who may be waiting for months or even years to have their appeals heard. Further, the reasonable right to a fair trial may be violated if the accused person is not able to obtain an expedited hearing of their appeal or a new trial. When an appellant makes an application under subsection (5) or where a judge cancels an order previously made under this section, the judge can use his discretion and give such directions that he/she thinks necessary to help expedite the process. Some of the directions that could be given by the judge could include: 1. Setting a date for the hearing of the appeal or new trial or hearing; 2. Imposing a deadline on when the appellant should file the necessary documents or submissions related to the appeal or new hearing; 3. Directing the Crown to provide the appellant with all the relevant materials related to the appeal or new hearing in a timely manner; and 4. Requiring the appellant to disclose any other evidence or information that could be relevant to the appeal. The intention of directing the expediting process is to avoid the undue delays for the accused, the victims, and their families. It also ensures that no one can misuse the appeals and the hearings process. Overall, Section 679(10) of the Criminal Code of Canada ensures that the right of an appellant to a fair and speedy trial is respected, and thus provides for a timely and expeditious hearing of the appeal or new trial or hearing. This legal provision is critical in the administration of justice and ensuring that the appellate process is fair, efficient, and expeditious. It serves as a deterrent for those who may attempt to misuse the appellate process merely to delay their conviction or sentence.

STRATEGY

Section 679(10) of the Criminal Code of Canada provides for an expedited hearing of an appellant's appeal, new trial or new hearing or the hearing of the reference. This section provides an opportunity for appellants to accelerate the hearing of their appeals or obtain a new trial expeditiously. However, it is important for appellants to consider the strategic implications of invoking this provision since expediting a hearing may not always be in the appellant's best interests. One strategic consideration when dealing with Section 679(10) is the strength of the appellant's case. If the appellant has a strong case, it may be advantageous to expedite the hearing to obtain a quick resolution to the matter and avoid delays. However, if the appellant has a weak case or significant evidentiary issues, expediting the hearing may not be in their best interests as it can result in an unfavourable outcome. Another strategic consideration is the availability of counsel. The appellant must have competent and experienced legal counsel who can handle the expedited hearing. If the counsel is not available or lacks experience in dealing with the matter, it may be better for the appellant to delay the hearing to allow for better representation. The appellant must also consider the financial implications of an expedited hearing. Expedited hearings can be costly, and the appellant may not have the financial resources to finance the expedited process. In such cases, it may be necessary to weigh the cost against the benefits of an expedited hearing. It is also essential to consider the potential impact of an expedited hearing on the proceedings. An expedited hearing can limit the time available for disclosure and discovery, limiting the appellant's ability to fully prepare for the hearing. The opposing party may also use the expedited process to their advantage, making it crucial for the appellant to weigh the pros and cons before invoking the section. Strategies that could be employed when dealing with Section 679(10) include seeking the guidance of an experienced criminal lawyer to assess the strength of the appellant's case. Counsel can provide valuable insights and advise on the most appropriate strategy to employ. The appellant may also seek an extension of time from the court to allow for better preparation if their case requires it. In conclusion, Section 679(10) of the Criminal Code of Canada provides appellants with an opportunity to expedite the hearing of their appeals, new trials or hearings of the reference. However, it is essential to carefully consider the strategic implications of invoking this section before proceeding. Appellants must assess the strength of their case, the availability and experience of their counsel, the financial implications of an expedited hearing, and the potential impact on the proceedings before making a decision.