section 682(1)

INTRODUCTION AND BRIEF DESCRIPTION

A judge who presides over a trial must provide a report on the case or related matter upon request for an appeal or application for leave to appeal.

SECTION WORDING

682(1) Where, under this Part, an appeal is taken or an application for leave to appeal is made, the judge or provincial court judge who presided at the trial shall, at the request of the court of appeal or a judge thereof, in accordance with rules of court, furnish it or him with a report on the case or on any matter relating to the case that is specified in the request.

EXPLANATION

Section 682(1) of the Criminal Code is a provision that empowers a judge or provincial court judge who oversaw a trial to provide a written report on the case or any matter related to it when an appeal is sought. This report is given upon the request of the court of appeal or a judge presiding over the appeal, and in accordance with the rules of court. The purpose of this provision is to assist the appeal court in reviewing the trial decision and determining whether there were errors made during the trial that may have threatened the fundamental rights of the accused or affected the overall fairness of the trial. The report may include information such as the evidence presented, the trial judge's reasoning in arriving at their decision, the conduct of the proceedings, or any other relevant matter specified by the appeal court. This report can be immensely helpful in providing the appeal court with a detailed and accurate record of the trial, which they can use to determine the merits of the appeal and make informed decisions. Overall, Section 682(1) is an important tool in ensuring that the appeal process is thorough and fair. It provides appeal courts with valuable information that can help them assess whether errors were made at the trial level and whether the decision should be upheld or overturned. By doing so, this provision contributes to the fairness and integrity of Canada's criminal justice system.

COMMENTARY

Section 682(1) of the Criminal Code of Canada is an essential provision for the appeal process in the country. It governs the responsibilities of the presiding judge or provincial court judge in cases where an appeal or application for leave to appeal is made by the defendant. The section outlines the judge's role when furnishing a report on the case or any matter relating to the case that is specified in the request of the court of appeal or a judge thereof. The provision is crucial because it allows the court of appeal or judge to obtain information about the case from the original trial judge. This information could be relevant to the appeal and can provide insight into the issues raised by the defendant. The court of appeal or judge can also use this report in making decisions regarding the appeal or application for leave to appeal. Therefore, it is an important instrument of justice in the Canadian legal system. The report is made in accordance with the rules of court, which govern the procedure for requesting and receiving the report. These rules ensure that the report is accurate, fair, and impartial. The court of appeal or judge must specify the matter they want the report to address, and the trial judge must furnish relevant information pertaining to that matter. This means that the report is limited to the specific issue laid out by the court of appeal or judge, ensuring that it remains relevant to the appeal process. The provision also ensures that the trial judge is held accountable for their decision. By requiring them to provide a report on the case, the judge must review the trial and make sure they can justify their decision. This ensures that the trial judge remains impartial and fair in their decision-making process. It also promotes transparency and accountability in the justice system, which is essential for maintaining public trust. Overall, section 682(1) of the Criminal Code of Canada is an essential provision for the appeal process in the country. It ensures that the court of appeal or judge has access to relevant information when making decisions on appeals or applications for leave to appeal. The provision promotes transparency, accountability, and fairness in the justice system, essential qualities for upholding the rule of law in Canada.

STRATEGY

Section 682(1) of the Criminal Code of Canada requires the judge or provincial court judge who presided at the trial to furnish a report on the case or any matter relating to the case, upon the request of the court of appeal or a judge thereof. This provision is essential in providing relevant information to appeal courts, which helps them make informed and just judgments. One of the strategic considerations when dealing with section 682(1) is to ensure that the report contains only facts that are relevant to the case. The report should not contain personal opinions or views that may sway the appeal court's decision or compromise the impartiality of the judiciary. Therefore, judges should prepare the report objectively, factually, and without bias. Another strategic consideration is timing. The request for a report under section 682(1) should be made promptly after the appeal or application for leave to appeal has been filed. Delaying the request may cause a delay in the appeal process, resulting in increased costs and prolonging the accused's suffering or prolonging the uncertainty of the victim's justice. Thus, litigators should be aware of the timelines applicable to section 682(1) and ensure prompt filing of the application. Strategies for dealing with section 682(1) of the Criminal Code of Canada include the following: 1. Properly prepare for the appeal process: Even with a request for a report under section 682(1), the appeal court will still rely on the record of the trial in making their decisions. As such, proper preparation of the trial record is essential to ensure that the appeal court receives all the relevant information. 2. Submit a precise request: The request for a report should be precise, specifying the matters the appeal court or the judge thereof requires clarification. This will ensure that the judge's report contains only the facts that are relevant to the matter and avoid unnecessary or irrelevant information that may compromise the appeal process. 3. Appeal one issue at a time: If an appellant wants to appeal more than one issue, it is advisable to appeal only one matter at a time. This strategy helps to ensure that each issue receives proper attention and reduces the risk of the appeal court missing relevant information. 4. Ensure that the report is accurate: Once the report is prepared, litigators should scrutinize it thoroughly to ensure that it is accurate and factual. Any errors or omissions should be immediately brought up to the court's attention, and corrections should be made promptly. In conclusion, section 682(1) of the Criminal Code of Canada is a critical provision in the appeal process, and adherence to its requirements is essential. Proper preparation, timely requests, and accuracy of the reports are some of the most crucial strategic considerations when dealing with section 682(1). By employing the strategies enumerated above, litigators can help ensure effective and efficient appeal outcomes.