INTRODUCTION AND BRIEF DESCRIPTION
A person convicted of an indictable offence can appeal to the Supreme Court on a question of law if granted leave or if a judge of the Court of Appeal dissents.
SECTION WORDING
691(1) A person who is convicted of an indictable offence and whose conviction is affirmed by the court of appeal may appeal to the Supreme Court of Canada (a) on any question of law on which a judge of the court of appeal dissents; or (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.
EXPLANATION
Section 691(1) of the Criminal Code of Canada gives individuals who have been convicted of an indictable offence the right to appeal their conviction to the Supreme Court of Canada, provided that their conviction has been affirmed by the court of appeal. This means that individuals who believe that the court of appeal made an error in their case or that there is a question of law that needs to be addressed can seek further review from the highest court in the country. There are two scenarios in which an individual can appeal to the Supreme Court of Canada under section 691(1). The first scenario is if a judge of the court of appeal dissents on a question of law. This means that one of the judges on the panel that heard the case disagreed with the majority ruling on a particular legal issue. In this case, the individual can appeal to the Supreme Court to seek clarification and potentially overturn the decision. The second scenario is if the individual believes that there is a question of law that needs to be addressed, but there was no dissenting opinion from a judge of the court of appeal. In this case, the individual must seek leave to appeal from the Supreme Court of Canada. This means that they must convince the court that the question of law they wish to address is important enough to warrant further review. Overall, section 691(1) recognizes the importance of an individual's right to a fair trial and the need for clarity and consistency in the application of the law. It provides a mechanism for individuals to seek further review of their case and to ensure that justice is served.
COMMENTARY
Section 691(1) of the Criminal Code of Canada is a provision that allows individuals convicted of an indictable offence to appeal their conviction to the Supreme Court of Canada in certain circumstances. The provision provides for two grounds of appeal: firstly, if a judge of the court of appeal dissents on any question of law, and secondly, if leave to appeal is granted by the Supreme Court of Canada on any question of law. Appeals are an important part of the criminal justice system in Canada. They allow for individuals who have been found guilty of a crime to challenge their conviction or sentence where there has been an error in law. This is an important safeguard against wrongful convictions and ensures that justice is served. The provision in question allows for appeals on questions of law. This means that appeals can only be made based on legal issues, such as the interpretation or application of the law. This is an important limitation, as it ensures that appeals are focused on legal issues rather than re-litigating the facts of the case. The first ground of appeal, where a judge of the court of appeal dissents on any question of law, is an important protection against legal errors. It ensures that where there is uncertainty or disagreement among appeal judges on a legal issue, the matter can be referred to the Supreme Court of Canada for a final decision. This promotes consistency and certainty in the law, and helps to ensure that legal errors are corrected. The second ground of appeal, where leave is granted by the Supreme Court of Canada on any question of law, is a more discretionary ground. Leave to appeal is granted only in exceptional cases where the legal issue at stake is of national importance or raises a significant legal issue. This ensures that the Supreme Court of Canada is able to focus on the most important legal issues and does not become bogged down with appeals that do not have national importance. Overall, Section 691(1) of the Criminal Code of Canada is an important provision that allows for appeals on legal issues in cases of indictable offences. It provides two important grounds of appeal and ensures that appeals are focused on legal issues rather than the facts of the case. This helps to ensure that justice is served and that legal errors are corrected.
STRATEGY
Section 691(1) of the Criminal Code of Canada provides individuals convicted of an indictable offence with the opportunity to appeal their conviction to the Supreme Court of Canada. For defendants considering this option, there are several strategic considerations that must be taken into account. This essay will explore some of these factors and outline some of the strategies that could be employed when appealing a conviction. The first consideration is the likelihood of success. In order to be successful on appeal, the appellant must demonstrate that there was a legal error at trial that impacted the outcome of the case. This could be a mistake made by the trial judge, a flaw in the jury's decision-making process, or a violation of the appellant's rights. The Supreme Court of Canada is unlikely to overturn a conviction unless there is a significant legal issue at stake. As such, defendants must carefully consider whether or not they have a reasonable chance of success before pursuing an appeal. Another strategic consideration is the cost of appealing the conviction. Supreme Court appeals can be extremely expensive, as they require significant resources and time. Defendants must carefully assess whether or not they have the financial means to pursue an appeal, and whether or not the potential benefits outweigh the costs. A third consideration is the potential impact on the defendant's reputation and public perception. Appealing a conviction can be a risky strategy, as it may draw additional attention to the case and put the defendant's reputation at further risk. As such, defendants must weigh the potential benefits of appealing a conviction against the potential negative consequences. In terms of strategies that could be employed, there are several options available to defendants who are considering appealing their conviction. The first strategy is to engage a skilled appellate lawyer with experience in Supreme Court proceedings. This will ensure that the appellant has access to the best legal representation and a thorough understanding of the potential legal issues at stake. Another strategy is to carefully prepare the grounds of appeal. This involves identifying the legal errors that occurred during the trial and clearly articulating why those errors were significant enough to warrant a new trial. This requires a thorough understanding of the trial record and legal principles, as well as careful attention to detail in drafting the appeal. Finally, defendants may consider seeking leave to appeal on a broader legal issue that has implications beyond their individual case. This strategy involves framing the appeal as a challenge to a particular legal principle or doctrine, and arguing that the issue goes beyond the individual defendant's case. This can be a powerful strategy for attracting the attention of the legal community and potential supporters, and may increase the likelihood that the Supreme Court will grant leave to appeal. In conclusion, Section 691(1) of the Criminal Code of Canada provides defendants convicted of an indictable offence with the opportunity to appeal their conviction to the Supreme Court of Canada. However, appealing a conviction requires careful strategic planning and consideration of a number of factors, including the likelihood of success, cost, and potential impact on reputation. There are several strategies that can be employed, including engaging skilled legal representation, carefully preparing the grounds of appeal, and seeking leave to appeal on a broader legal issue. By carefully considering these factors and employing effective strategies, defendants may be able to successfully appeal their conviction and achieve justice.