INTRODUCTION AND BRIEF DESCRIPTION
The appeal court or a judge can extend the time for giving notice of appeal.
SECTION WORDING
815(2) The appeal court or a judge thereof may extend the time within which notice of appeal may be given.
EXPLANATION
Section 815(2) of the Criminal Code of Canada grants the appellate court or a judge the authority to enlarge the time period within which a notice of appeal must be filed. This provision aims to address the possible situations where a convicted party failed to file a notice of appeal within the prescribed timeframe due to valid reasons. For instance, the convicted person may have been unable to access legal representation within the prescribed period, or another unforeseeable event may have prevented them from filing a notice to appeal in a timely manner. In such instances, the appellate court may use its discretion to extend the time period and provide relief for the convicted individual. However, the ability to expand the time frame for the filing of an appeal notice does not guarantee that the appeal itself will be considered substantive. The appellate court is still expected to conduct a review of the grounds for appeal and determine whether the appeal meets the threshold merit for the case to proceed further. In conclusion, the provision in section 815(2) highlights the importance of ensuring justice is served fairly. The provision seeks to provide a fair chance for convicted persons to seek appeal where they were unable to comply with the prescribed time limit for filing a notice of appeal. It serves as an essential safeguard for those who did not receive, in their understanding, a fair judgement but were not able to file their appeal notice within the initially set time frame.
COMMENTARY
Section 815(2) of the Criminal Code of Canada is an important legal provision that grants the appeal court or a judge thereof the power to extend the time within which notice of appeal may be given. This section of the Criminal Code of Canada is essential to ensure that individuals who have been convicted of a criminal offense have the opportunity to appeal their conviction even if they missed the deadline for providing notice of appeal to the court. The importance of section 815(2) of the Criminal Code of Canada cannot be overstated. It is fundamental to guaranteeing the fundamental rights of individuals who have been convicted of a criminal offense. An appeal provides a mechanism to challenge the decision of a trial judge and seek a review of the evidence or the sentence. Without the ability to appeal, those who have been unjustly convicted would have no recourse to justice. The purpose of section 815(2) of the Criminal Code of Canada is to ensure that individuals who require more time to prepare an appeal are not denied their right to challenge their conviction. This may be because an individual was not informed of their right to appeal, or they may have been unable to obtain legal representation to assist them in their defense. The provision of this section of the Criminal Code of Canada is important because the process of preparing for an appeal can be complex and time-consuming. It requires careful analysis of the evidence presented in the trial, the trial judge's reasoning, and the applicable legal principles. Moreover, appeals involve complex legal arguments and require thorough preparation and presentation of evidence to the court. In such circumstances, it is essential to have additional time to ensure that all aspects of the appeal are properly considered and addressed. There are several situations where an appeal court or a judge thereof may extend the time within which notice of appeal may be given under section 815(2) of the Criminal Code of Canada. This includes situations where: - The accused did not receive adequate legal advice or representation during the trial. - The accused was unable to comprehend the seriousness of their situation, or their legal rights. - The accused was not aware of their right to appeal, or the deadline for submitting notice of appeal. - The accused was mentally or physically incapable of providing timely notice of appeal. - The accused has a new advanced argument or evidence that was not available at the time of the trial. In conclusion, Section 815(2) of the Criminal Code of Canada is an essential provision that ensures the fundamental rights of individuals who have been convicted of a criminal offense. It allows individuals who require more time to prepare for an appeal the opportunity to challenge their conviction. As such, this provision plays a crucial role in maintaining the integrity of the Canadian legal system, as it ensures that all individuals are provided with due process of law.
STRATEGY
Section 815(2) of the Criminal Code of Canada grants the appeal court or a judge the power to extend the time for filing the notice of appeal. This provision allows an appellant who missed the deadline to request an extension of time to appeal the decision or sentence. The power to grant extensions of time is discretionary, and the court or judge must consider various strategic factors before granting an extension. One important strategic consideration is whether the appellant has demonstrated a valid reason for the delay in filing the notice of appeal. In assessing this factor, the court or judge may consider factors such as the complexity of the case, the time required to obtain legal advice, or a delay caused by unexpected circumstances such as illness or personal tragedy. If the appellant can show a valid reason why the notice of appeal was not filed on time, the court or judge may be more inclined to grant an extension of time. Another strategic consideration is the potential prejudice to the Crown or the administration of justice in granting an extension of time. The court or judge must weigh the interests of justice against the potential prejudice to the other side. For example, if a significant amount of time has elapsed since the decision or sentence was rendered, an extension of time may prejudice the Crown's ability to rely on witness testimony or other evidence that may no longer be available. In such a case, the court or judge may be less likely to grant an extension of time. In addition to these considerations, the appellant's conduct in the proceedings may also be a relevant factor. If the appellant took affirmative steps to waive or abandon their right to appeal, or if they failed to take steps to move the appeal forward in a timely manner, the court or judge may view the appellant's conduct as a reason to deny an extension of time. To increase the chances of success in seeking an extension of time under section 815(2), an appellant may employ various strategies. These may include: 1. Providing a clear and compelling explanation for the delay in filing the notice of appeal. This could involve submitting affidavits or other documentary evidence to support the appellant's position. 2. Arguing that the interests of justice require that the appeal be heard and decided on its merits, even if an extension of time is granted. 3. Demonstrating a willingness to proceed with the appeal promptly and efficiently once an extension is granted, so as to minimize any prejudice to the other side. 4. Consulting with experienced counsel to develop a persuasive argument for why the appeal should be allowed to proceed despite the delay. In conclusion, section 815(2) of the Criminal Code of Canada grants the appeal court or a judge the discretionary power to grant an extension of time for filing a notice of appeal. Strategic considerations such as the reasons for the delay, potential prejudice to the other side, and the appellant's conduct in the proceedings must be carefully assessed before deciding whether to grant an extension. Employing effective strategies, such as providing a clear and compelling explanation for the delay and demonstrating a willingness to proceed promptly once an extension is granted, can increase the chances of success in seeking an extension of time.