section 683(3)

INTRODUCTION AND BRIEF DESCRIPTION

Court of appeal has powers in relation to criminal proceedings similar to civil appeals, but no costs awarded for appellant or respondent.

SECTION WORDING

683(3) A court of appeal may exercise, in relation to proceedings in the court, any powers not mentioned in subsection (1) that may be exercised by the court on appeals in civil matters, and may issue any process that is necessary to enforce the orders or sentences of the court, but no costs shall be allowed to the appellant or respondent on the hearing and determination of an appeal or on any proceedings preliminary or incidental thereto.

EXPLANATION

Section 683(3) of the Criminal Code of Canada grants the court of appeal with additional powers to carry out its functions in relation to proceedings in the court. Specifically, the section states that the court of appeal has the authority to exercise any powers that the court has on appeals in civil matters, and can issue any process necessary to enforce the orders or sentences of the court. This provision is significant because it allows the court of appeal to have a more expansive range of powers to address matters that may arise during the appeals process. For example, if there is a dispute regarding evidence or procedural issues, the court of appeal can use its powers to resolve these matters in the interest of justice. Another important aspect of this section is that it stipulates that no costs shall be awarded to the appellant or respondent in relation to any hearing or determination of an appeal or any proceeding preliminary or incidental thereto. This provision is intended to prevent litigants from being financially penalized for exercising their right to appeal, which can be an important mechanism for ensuring that justice is served. In summary, section 683(3) of the Criminal Code of Canada provides the court of appeal with broad powers to address any issues that may arise during the appeals process. At the same time, it ensures that litigants are not unfairly burdened by costs associated with exercising their right to appeal.

COMMENTARY

Section 683(3) of the Criminal Code of Canada outlines the powers of a court of appeal in relation to proceedings in the court. It specifies that a court of appeal can exercise any powers not mentioned in subsection (1) that can be exercised by the court on appeals in civil matters. Furthermore, it can issue any necessary process to enforce the orders or sentences of the court. However, no costs shall be allowed to the appellant or respondent on the hearing and determination of an appeal or on any proceedings preliminary or incidental thereto. The primary purpose of this section is to outline the broad authority of a court of appeal when it comes to the proceedings within the court. This section gives the court ample power to handle appeals in criminal cases, with the understanding that the defendants involved in such proceedings are generally denied any compensation for costs accrued. One critical feature of this section is its mention of powers beyond what is outlined in subsection (1). The reason for this is that a court of appeal needs to have the authority to handle a wide range of cases and situations. Therefore, although some court proceedings are explicitly spelled out in the law, others may not be mentioned or otherwise contemplated, making the inclusion of this clause crucial. Another vital aspect of this clause is the provision around costs. Any appeal or proceeding in a criminal case can be a costly affair. The decision not to allow costs to the appellant or respondent highlights the importance of preserving the integrity of the justice system and avoiding any undue financial stress or disadvantage that might occur as part of the process. This attitude is consistent with other measures in the criminal justice system, such as the provision of legal aid for those who cannot afford counsel. In many ways, this section encapsulates the concept of a fair and open judicial system, one that is well-equipped to handle the complexities of criminal cases while also being mindful of the impact that such proceedings can have on the individuals involved. As such, it serves as a reminder of the tremendous responsibility that comes with being a judicial body.

STRATEGY

Section 683(3) of the Criminal Code of Canada empowers a court of appeal to exercise any powers not specifically mentioned in subsection (1) that are available to a civil court of appeal. This gives the court of appeal broad latitude in handling appellate proceedings in criminal cases, allowing it to take innovative and creative approaches to resolving complex legal issues. There are several strategic considerations that lawyers and litigants should keep in mind when dealing with this section of the Criminal Code. One of the most important considerations is the need to carefully evaluate the procedural requirements of the appellate process. This includes understanding the various timelines, deadlines, and filing requirements that must be followed in order to submit an appeal. It is also important to assess the grounds on which the appeal is being sought, such as legal errors, factual errors, or other factors that may have affected the fairness of the trial. Legal professionals are also expected to consider the strength of the arguments that they will present on appeal, and the potential impact that their positions could have on the outcome of the case. Another important strategic consideration is the need to carefully evaluate the composition of the court of appeal. Lawyers and litigants should take into account the experience and expertise of the individual judges who will be hearing the appeal, as well as any particular biases or viewpoints that they may bring to the case. It is also important to consider the legal precedents and rulings that have been issued by the court of appeal in the past, and how these might impact the way in which the judges will approach the case. One common strategy that is used in dealing with Section 683(3) of the Criminal Code is to conduct a thorough review of the legal precedents and rulings that have been issued by the appellate court in similar cases. By examining the way in which the court has previously handled similar legal issues or questions of law, lawyers and litigants can gain important insights into the court's reasoning and decision-making process. This, in turn, can help them to develop more effective arguments and legal strategies when presenting their case on appeal. Another strategy that can be employed when dealing with Section 683(3) of the Criminal Code is to use creative and innovative legal arguments. Because the court of appeal has broad latitude to exercise its discretion in handling appellate proceedings, there may be opportunities to present novel legal theories or arguments that have not been previously advanced in similar cases. By taking a fresh and innovative approach to the issues at hand, lawyers and litigants can sometimes persuade the court to adopt a more favorable interpretation of the law or to make a nuanced ruling that is tailored to the unique circumstances of the case. In conclusion, Section 683(3) of the Criminal Code of Canada affords a great deal of discretion to the court of appeal in handling appellate proceedings in criminal cases. Lawyers and litigants should carefully consider the procedural requirements of the appellate process, evaluate the composition of the court of appeal, and develop innovative legal arguments in order to maximize their chances of success on appeal. By taking a strategic approach to the litigation process, legal professionals can help to ensure that their clients receive a fair and just outcome in the criminal justice system.