section 683(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the powers of the court of appeal to order the production of evidence, compel witnesses to testify, refer inquiries to a special commissioner, and amend indictments if necessary, in the interests of justice during an appeal.

SECTION WORDING

683(1) For the purposes of an appeal under this Part, the court of appeal may, where it considers it in the interests of justice, (a) order the production of any writing, exhibit or other thing connected with the proceedings; (b) order any witness who would have been a compellable witness at the trial, whether or not he was called at the trial, (i) to attend and be examined before the court of appeal, or (ii) to be examined in the manner provided by rules of court before a judge of the court of appeal, or before any officer of the court of appeal or justice of the peace or other person appointed by the court of appeal for the purpose; (c) admit, as evidence, an examination that is taken under subparagraph (b)(ii); (d) receive the evidence, if tendered, of any witness, including the appellant, who is a competent but not compellable witness; (e) order that any question arising on the appeal that (i) involves prolonged examination of writings or accounts, or scientific or local investigation, and (ii) cannot in the opinion of the court of appeal conveniently be inquired into before the court of appeal, be referred for inquiry and report, in the manner provided by rules of court, to a special commissioner appointed by the court of appeal; (f) act on the report of a commissioner who is appointed under paragraph (e) in so far as the court of appeal thinks fit to do so; and (g) amend the indictment, unless it is of the opinion that the accused has been misled or prejudiced in his defence or appeal.

EXPLANATION

Section 683(1) of the Criminal Code of Canada grants the court of appeal the power to order and produce evidence that is connected with the proceedings. The court can also summon witnesses who did not testify during the trial and order them to appear and be questioned by the court of appeal, or they can be examined in front of a judge or other appointed officials. The evidence that is provided by these witnesses can be used as evidence during the appeal. Additionally, the court of appeal also has the power to examine lengthy documents, accounts, or conduct scientific investigations that would be impractical to conduct in front of the court of appeal. If the court of appeal feels it is necessary, they can refer the matter to a special commissioner to investigate and make a report. The court of appeal has the option to rely on the commissioner's report as much or as little as they see fit. It is important to note that the court of appeal may also amend the indictment except if it believes that the accused has been misled or negatively impacted in their defence or appeal. Overall, this section provides the court of appeal with various powers to ensure that the appeal process is just and fair for all parties involved. This section allows the court to access all the information necessary to make a fair and informed judgement on the appeal.

COMMENTARY

Section 683(1) of the Criminal Code of Canada grants appellate courts broad powers to ensure that justice is served. These powers include ordering the production of any writing, exhibit, or other item related to the proceedings, ordering witnesses to appear before the court of appeal for examination, admitting examinations taken under certain circumstances as evidence, receiving the evidence of any competent but not compellable witness, referring questions arising on the appeal for inquiry and report to a special commissioner appointed by the court, acting on the commissioner's report, and amending the indictment, among other things. One of the most crucial powers granted by this section is the ability to order the production of any writing, exhibit, or other thing connected with the proceedings. This power is essential to ensure that an appellate court can properly review the evidence and consider all relevant factors in deciding the outcome of an appeal. It also serves to address situations where evidence may have been improperly withheld or not considered at trial. Another significant power granted by this section is the ability to order any witness who would have been a compellable witness at trial to attend and be examined before the court of appeal, even if they were not called at trial. This power is important because it allows the appellate court to access testimony from witnesses who may have critical information or perspectives to offer but were not heard at trial. This ability to examine witnesses on appeal can be essential in cases where new evidence emerges or where previously heard evidence needs to be further explored. Similarly, the power to receive the evidence of any competent but not compellable witness is important because it allows the court to consider testimony from individuals who may be hesitant or unwilling to testify voluntarily. This can be particularly relevant in cases where the witness has knowledge or information that is essential to the appeal but may not be forthcoming. The power to refer questions arising on appeal for inquiry and report to a special commissioner appointed by the court is also essential because it allows issues that may require specialized knowledge or expertise to be thoroughly examined and considered. This power is particularly important in cases where scientific or technical issues may need further exploration or where local investigation is required. Overall, the broad powers granted by section 683(1) are intended to ensure that justice is served, and the appellate court has access to all relevant information and evidence necessary to make an informed and just decision. As such, this section serves as an essential tool for appellate courts in Canada to evaluate appeals and make thoughtful and informed decisions.

STRATEGY

Section 683(1) of the Criminal Code of Canada provides several options for the court of appeal when considering an appeal. When dealing with this section, strategizing well is necessary to ensure that the best possible outcome is achieved. In this section, we will discuss some strategic considerations and possible strategies that could be employed. The first strategic consideration is that the court of appeal has discretion on whether to use this section or not. Therefore, it is crucial to identify the potential benefits and burdens of each option available under this section and present them to the court to help them make a decision. For example, a request for the production of evidence may have significant benefits, but the opposing party may argue that the request is too broad or unnecessary for the appeal. The second strategic consideration is that this section allows for the admission of new evidence on appeal. Generally, new evidence is not permitted on appeal, but this section allows the court of appeal to consider fresh evidence if it is in the interests of justice to do so. Consequently, a strategy for presenting new evidence would be to argue that it is essential to the appeal and that the interests of justice require its admission. Another strategic consideration is that the court of appeal may order that a question arising on appeal be referred for inquiry and report to a special commissioner appointed by the court of appeal. This option may be beneficial where evidence needs to be investigated further or where the issues on appeal are particularly complex. A strategy would be to convince the court that the issues are beyond the scope of the court's expertise, and thus, a commissioner is necessary to ensure a fair resolution of the appeal. Finally, the court of appeal may allow an amendment to the indictment, subject to the accused not being misled or prejudiced in their defence or appeal. This option could be advantageous when there are errors in the original indictment that need to be corrected. The strategy, in this case, would be to argue that the amendment would not prejudice the accused's defence or appeal and that the interests of justice require the amendment to be made. In conclusion, Section 683(1) of the Criminal Code of Canada provides several strategic options for the court of appeal when considering an appeal. To ensure that these options are used most effectively, careful consideration must be given to the potential benefits and burdens of each option and presented to the court accordingly. Additionally, a thorough understanding of the facts and legal principles in the case is essential to identify when a particular strategy is most advantageous.