INTRODUCTION AND BRIEF DESCRIPTION
An appellant can present their case and argument in writing instead of orally, which the court of appeal must consider.
SECTION WORDING
688(3) An appellant may present his case on appeal and his argument in writing instead of orally, and the court of appeal shall consider any case of argument so presented.
EXPLANATION
Section 688(3) of the Criminal Code of Canada provides a mechanism for appellants who wish to present their cases on appeal in writing instead of orally. This section recognizes the importance of the written word and the fact that some appellants may prefer to present their arguments in writing, as it allows them to develop their arguments in a structured and well-thought-out manner. The provision is particularly useful where the appellant has a complex or technical case to present or where they have evidence that is more effectively presented in writing. By allowing appellants to present their cases and arguments in writing, the court can consider their submissions more carefully and avoid any misunderstandings that may arise from oral arguments. Under this section, the court is required to consider any case or argument presented in writing by the appellant. This ensures that the appellant's submissions are given due consideration, even if they choose not to present their arguments orally. Importantly, Section 688(3) should be read in conjunction with other provisions of the Criminal Code that govern the submission of written arguments and evidence on appeal. For example, Section 686(1)(b)(iii) allows for appeals based on the ground that the verdict is unreasonable or unsupported by the evidence. In such cases, the appellant may wish to present their arguments in writing, based on specific pieces of evidence that undermine the credibility of the prosecution's case or witnesses. Overall, Section 688(3) recognizes the importance of the written word in presenting and evaluating complex legal cases and provides a valuable tool for appellants seeking to present their cases and arguments in a clear and concise way.
COMMENTARY
Section 688(3) is a provision of the Criminal Code of Canada that allows appellants to present their case on appeal and their argument in writing rather than orally. This provision is an essential safeguard for appellants who may have difficulty presenting their case orally or who believe that they can make a stronger argument in writing. The ability to present a case on appeal in writing is particularly important for individuals who may have a speech impediment, anxiety, or other challenges that prevent them from presenting their case orally. For example, individuals with autism, Stuttering, or a history of trauma may struggle with the anxiety and pressures of an oral presentation. This provision ensures that appellants with such challenges have access to meaningful and fair appeals. Moreover, presenting a case in written form can often be more effective than an oral presentation, as written submissions are well-organized and structured, and are typically more thoughtfully prepared. Written submissions can also include valuable research and legal analysis that may not be possible to present orally in the same to-the-point nature that written submissions allow for. In some instances, a comprehensive written submission can provide more detail and clarity in a way that an oral hearing cannot. Furthermore, allowing written submissions on appeal allows appellants to ensure that important legal arguments and information are not forgotten during oral hearings. Oral presentations can be fast-paced and distressing, leading to important information being excluded, or misunderstandings between parties. Written submissions alleviate this potential confusion and ensure that legal arguments are properly presented for the court's consideration. The provision of written submissions on appeal also benefits the court system as a whole. By allowing written submissions alongside oral presentations, the appeals court can get a more complete sense of the legal issues at stake, making it possible for the court to better assess and analyze the evidence before it and make an optimal decision. By allowing this provision, the court is also reimbursed for time allotted for oral hearings. In conclusion, Section 688(3) of the Canadian Criminal Code is a provision in Canadian law that allows appellants to present their case on appeal and their argument in written form, rather than orally. This provision is valuable in that it ensures that all appellants have access to a fair and just appeal process, regardless of any personal challenges that may prevent them from fully participating orally. This provision benefits both the appellants and the court system as a whole. As such, it is a necessary and essential piece of Canadian law.
STRATEGY
Section 688(3) of the Criminal Code of Canada provides an opportunity for appellants to present their case on appeal in writing instead of orally. This provision can offer some strategic considerations for both the appellants and their legal representatives. In this essay, we will discuss some of the strategic considerations related to this provision and how an appellant could benefit from it. The first strategic consideration is the ability to prepare a well-researched, structured, and concise written argument. Unlike oral presentations, writing allows the appellant to outline and develop a clear and cohesive argument. They can provide more detailed explanations of the law and facts related to their case. This can be especially advantageous in complex cases that require a more detailed and nuanced argument. Accordingly, appellants must take this opportunity to carefully craft their written argument and ensure that it comprehensively presents their case with legal and factual support. The second strategic consideration is the potential for a written argument to leave a lasting impression on the appellate court. Oral presentations may be affected by numerous factors such as nerves, interruptions, and the time constraints set by the court. In contrast, a well-written argument can provide a permanent record of the appellant's case that the court can review multiple times. A well-written and persuasive written argument can make a strong impression on the appellate court and can contribute significantly to the outcome of the appeal. Another strategic consideration is that a written argument can provide an opportunity for appellants to showcase their legal research skills. The ability to develop a well-crafted and researched written argument can be an asset for an appellant. It not only demonstrates the legal acumen of the appellants but also the diligence, effort and attention they have put into preparing their case. Lawyers and legal representativesare trained to produce coherent and persuasive written arguments gathering relevant legal and factual support.The ability to do so provides an added layer of credibility for the appellant in the eyes of the appellate court and can increase the chances of success on appeal. In conclusion, section 688(3) of the Criminal Code of Canada provides appellants with the option to present their case on appeal in writing instead of orally. This provides strategic considerations that can be useful in crafting a successful appeal. Appellants must prepare a well-researched, structured, and concise argument. In addition, a written argument provides a permanent record that can leave a lasting impression on the appellate court. Finally, presenting a well-crafted written argument with legal and factual support can showcase the legal acumen of the appellant and increase the chances of success on appeal. Therefore, when considering a written appeal, appellants and their lawyers must focus on these strategic considerations to leverage this provision in their favour.