section 693(2)

INTRODUCTION AND BRIEF DESCRIPTION

The Supreme Court of Canada can impose conditions when granting leave to appeal.

SECTION WORDING

693(2) Where leave to appeal is granted under paragraph (1)(b), the Supreme Court of Canada may impose such terms as it sees fit.

EXPLANATION

Section 693(2) of the Criminal Code of Canada deals with leave to appeal granted under paragraph (1)(b), and the power of the Supreme Court of Canada to impose terms when granting such leave. Paragraph (1)(b) relates to situations where an accused person has been convicted at trial and seeks leave to appeal a decision by a court of appeal. In such cases, the Supreme Court has discretion to grant leave to appeal if it considers the matter to be of public importance or if it is in the interests of justice. If leave is granted under paragraph (1)(b), section 693(2) provides that the Supreme Court can impose terms as it sees fit. The purpose of imposing terms is to ensure that the appeal is heard in a manner that is fair and just to all parties, and to prevent abuses of the appeal process. The types of terms that may be imposed by the Supreme Court include restrictions on the issues that can be raised on appeal, requirements for the accused to provide security for costs, or timelines for filing submissions or evidence. For example, the Supreme Court may impose a term that limits the accused's ability to raise new legal arguments that were not presented at their trial or earlier appeals. This is to prevent the accused from using the appeal process as a means to delay their punishment or to avoid their conviction. In summary, section 693(2) gives the Supreme Court of Canada the power to impose terms when granting leave to appeal under paragraph (1)(b) of the Criminal Code. These terms serve to protect the fairness of the appeal process and prevent abuse of the legal system.

COMMENTARY

Section 693(2) of the Criminal Code of Canada gives the Supreme Court of Canada the power to dictate the terms of an appeal where leave to appeal has been granted. Essentially, this section empowers the court to impose conditions on a case at its discretion. This level of authority is not uncommon in the legal system, as courts often have wide discretion when granting orders or making decisions. However, the language used in this section specifically refers to "terms," which implies a more specific set of conditions, rather than broad discretion. It is important to understand what might prompt the court to use this power. In general, it is most likely to come into play in cases where the court has some concern about the specific circumstances surrounding the appeal. This could be due to concerns about issues like the credibility of witnesses, the validity of evidence, or the overall strength of the arguments presented by the parties involved. The Supreme Court of Canada is not likely to invoke this power casually or frequently. The court is aware of its role as the highest level of appeal, and as such, it is committed to ensuring that justice is served fairly and equitably in every case that comes before it. However, in some cases, this power may be necessary to ensure that the appeal is fair. The types of terms that the court might impose could vary widely depending on the specific case. They may require the parties to provide more evidence, undergo additional questioning, or submit to additional procedural requirements. Whatever the specific terms, the goal would be to re-establish equitability throughout the appeal process. It is worth noting that even in a case where the Supreme Court of Canada imposes terms on an appeal, the ultimate outcome is still highly unpredictable. Some appeals may be successful even with additional terms, while others may fail regardless of the conditions imposed. At the end of the day, the goal of the court is to ensure that justice is served fairly and in accordance with the law. Overall, Section 693(2) of the Criminal Code of Canada gives the Supreme Court the authority to impose terms on appeals when leave to appeal has been granted. This power is not to be taken lightly and is likely only to be used in cases where there are concerns about the fairness of the process. Ultimately, the goal of the court is always to ensure that justice is served fairly, regardless of the specific circumstances of any given case.

STRATEGY

Section 693(2) of the Criminal Code of Canada provides the Supreme Court of Canada with the power to impose terms on a leave to appeal granted under paragraph (1)(b). This provision offers several strategic considerations for criminal defendants, prosecutors, and judges. One strategic consideration for criminal defendants is the possibility of negotiating with prosecutors or the court for favorable terms upon being granted leave to appeal. For example, a defendant may seek an extension of time to file appeal documents, or request that the court permit the defendant to remain out of custody while the appeal is heard. Depending on the terms imposed by the court, defendants might also consider whether to abandon their appeal altogether, rather than face onerous conditions. For prosecutors, section 693(2) may provide a means of securing finality in high-profile cases. By agreeing to impose conditions on a defendant's right of appeal, a prosecutor might be able to deter appeals or discourage defendants from disrupting the outcome of a case. Additionally, prosecutors could use the power conferred by section 693(2) to avoid the prospect of a retrial in the event of a successful appeal. Judges may also find section 693(2) useful for managing complex or time-consuming appeals. By setting out specific parameters for the appeal, grounded in the facts of the case, the court can streamline its decision-making process. This, in turn, may help reduce the chances of procedural or other errors that could lead to an appeal being sent back to the lower court. Despite the potential benefits of section 693(2), it raises important ethical considerations. The section may provide a means for the Supreme Court of Canada to protect its own interests, or the interests of the public generally, by imposing terms on appeals. However, such terms may interfere with the rights of individual defendants, including their right to appeal. Where terms are imposed on appeals, it is important to ensure that they are both necessary and proportionate, and do not undermine the principles of justice. In terms of strategies that could be employed, defense counsel might consider seeking leave to appeal where there is a likelihood of success, but to do so with caution and after weighing all the potential costs and benefits of doing so. They may also choose to negotiate with the prosecutor or the court for favorable terms, or request that the terms imposed be adjusted as needed to protect the interests of their client while still preserving their right to appeal. Prosecutors, on the other hand, might use section 693(2) as a bargaining chip in negotiations with defendants, or by agreeing to conditions they believe will prevent potential appeals from being brought. For judges, one strategy could be to use the powers conferred by section 693(2) to help ensure that the parties are prepared for the appeal, and to prevent any prejudice from developing in the meantime. In conclusion, section 693(2) of the Criminal Code of Canada provides the Supreme Court with the power to impose terms on appeals, offering both benefits and challenges for the parties before the courts. Criminal defendants, prosecutors, and judges must exercise caution and ensure that any terms agreed upon are both necessary and proportionate to the interests of justice.