section 694.2(1)

INTRODUCTION AND BRIEF DESCRIPTION

An appellant in custody has the right to be present at their appeal hearing before the Supreme Court of Canada.

SECTION WORDING

694.2(1) Subject to subsection (2), an appellant who is in custody and who desires to be present at the hearing of the appeal before the Supreme Court of Canada is entitled to be present at it.

EXPLANATION

Section 694.2 of the Criminal Code of Canada entitles an appellant who is currently in custody to be present during the hearing of their appeal before the Supreme Court of Canada. This provision is significant because the right to appear before the highest court of appeal in the country is a fundamental aspect of the Canadian justice system. However, an exception is made in subsection (2), which allows the court to exclude the appellant from the hearing in certain circumstances. For example, if the court considers that the presence of the appellant would jeopardize the security or orderly functioning of the proceedings, or that it would be contrary to the interests of justice, then they may exercise their discretion to exclude the appellant from the hearing. The right to be present at one's own appeal is a crucial aspect of the principles of fairness and natural justice, as it allows the appellant to have a voice in the proceedings and to provide the court with their own account of the facts. In addition, it provides an opportunity for the appellant to express any concerns or grievances they may have with the lower court's decision and to argue their own case before the highest level of appeal. Overall, Section 694.2 ensures that the right to a fair trial and the right to appeal are protected for those who are in custody and that their voice is heard in the court proceedings.

COMMENTARY

Section 694.2(1) of the Criminal Code of Canada is a crucial provision that guarantees the right of an appellant to be present in court during their appeal hearing before the Supreme Court of Canada, provided they are in custody at the time. This section is a crucial component of Canada's justice system and plays an integral role in safeguarding the fundamental rights of appellants. The right of an appellant to be present in court is based on the fundamental principle of natural justice that every individual has the right to a fair trial. The provision ensures that appellants in custody are not disadvantaged in the appeal process and that the appeal is heard in a manner that is fair and just. The section recognizes that the appellant's attendance is a crucial aspect of a fair hearing and acknowledges the importance of their presence in the courtroom. In the Canadian legal system, an appeal is a request for a higher court to review a lower court's decision. Appellate hearings are proceedings where legal decisions are reviewed and analyzed in-depth. The right of an appellant to be present in court provides them with the opportunity to directly participate in their appeal, including presenting arguments and cross-examining witnesses, if necessary. This right ensures that the appellant is afforded the full benefit of an appeal proceeding, which is to challenge and overturn any injustices that may have occurred during their trial. The provision also enables the court to assess the veracity of the appellant's expressions of remorse and their overall character. The ability to observe and assess an individual's conduct and body language is an essential aspect of a fair hearing and helps the court determine the credibility of the appellant's evidence. A court that can consult an individual who is in jail can better understand their level of remorse, their willingness to take responsibility for their actions, and their rehabilitation prospects. However, subsection (2) allows that an appellant may be excluded from their appeal hearing if their conduct prevents the proper conduct of the appeal, or if it would be prejudicial to the administration of justice. This provision emphasizes that the right to attend an appeal is not absolute and may be curtailed for a good reason. In conclusion, section 694.2(1) of the Criminal Code of Canada is a critical safeguard of an appellant's right to a fair trial. The provision establishes the right of an appellant in custody to be present during their appeal hearing, providing them with an opportunity to present their case effectively and allowing the court to assess their overall character and conduct. By facilitating their attendance in court, the provision ensures that the appeal procedure is fair, just, and transparent, ultimately resulting in a more equitable justice system.

STRATEGY

When dealing with section 694.2(1) of the Criminal Code of Canada, there are several strategic considerations to keep in mind. Firstly, the appellant's desire to be present at the hearing of the appeal must be balanced with the potential risks and costs of their attendance. Depending on the nature of the case and the appellant's criminal history, there may be concerns regarding their security, the safety of others, or the potential for disruption. Additionally, the logistical difficulties of transporting an appellant to the hearing location must be considered. In some cases, the appellant may be located in a different province, or even a different country, which can make it difficult and costly to arrange for their attendance. One possible strategy for dealing with section 694.2(1) is to seek alternative means of participation. For example, the appellant may be able to participate in the hearing via video conference, or by providing written submissions to the court. This can help to mitigate logistical and security concerns while still allowing the appellant to participate in the hearing. Another strategy is to seek a court order for the appellant's attendance, if it is deemed necessary. This may involve presenting evidence and arguments to the court regarding the importance of the appellant's presence, and addressing any potential concerns or objections raised by the Crown or the court. Ultimately, the decision to seek the appellant's attendance at the hearing must be based on a careful weighing of the potential risks and benefits. While it is important to ensure the appellant's right to be present is respected, this must be balanced with the need to maintain order and security, and to ensure a fair and efficient hearing for all parties involved.