Criminal Code of Canada - section 818(1) - Application to appeal court for review

section 818(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows either the appellant or respondent to apply for a review of an order made by a justice under section 817 before or during an appeal hearing.

SECTION WORDING

818(1) Where a justice makes an order under section 817, either the appellant or the respondent may, before or at any time during the hearing of the appeal, apply to the appeal court for a review of the order made by the justice.

EXPLANATION

Section 818(1) of the Criminal Code of Canada outlines the process for appealing an order made by a justice under section 817. Section 817 allows for the seizure and forfeiture of property believed to be proceeds of crime or property used to commit an offense. An order made by a justice under this section can have significant consequences for an individual, as it may result in the loss of their property. Section 818(1) provides a mechanism for individuals to challenge the order made by the justice. It states that either the appellant or the respondent may apply to the appeal court for a review of the order before or during the hearing of the appeal. This provides a potential avenue for individuals to argue that the order made by the justice was not proper or that it violated their rights. The language used in section 818(1) is broad, allowing for either the appellant or respondent to make the application for review. This means that both parties to the appeal have an opportunity to challenge the order made by the justice. Additionally, the fact that the application can be made before or during the hearing of the appeal gives individuals flexibility in when they can challenge the order. Overall, section 818(1) of the Criminal Code of Canada helps to ensure that individuals are able to challenge orders made by a justice under section 817, which can have significant consequences for their rights and property.

COMMENTARY

Section 818(1) of the Criminal Code of Canada is an important provision that provides parties to an appeal with the option of seeking a review of an order made by a justice under section 817. This section allows parties to an appeal to challenge an order made by a justice before or during the hearing of the appeal. The provision is essential in ensuring that parties have an opportunity to seek redress in situations where they believe that an order made by a justice may be incorrect or unfair. The section empowers parties to appeal against the decision made by the Justice of the Peace at the trial level. For instance, if a justice of the peace has made an order to seize a person's property, either the appellant or the respondent can challenge it. Such an order may be challenged through a review application to the appeal court where an order can be reviewed. Therefore, this provision provides the opportunity for parties to an appeal to seek a review of an order made by a justice to ensure that justice is served. The provision caters to fundamental principles of justice such as fairness, impartiality, and due process. These principles are crucial in ensuring that individuals are not unfairly treated by the legal system. The right to a review reinforces the fairness of the Canadian justice system by allowing parties to appeal a decision or order they deem unjust made by a justice. Moreover, the provision enables parties to seek a review of an order at any time during the hearing of the appeal. This flexibility ensures that parties can seek redress whenever they feel the need to do so, regardless of the stage of the appeal process. The provision is essential in ensuring that parties have access to justice and fairness throughout the entire appeals process. However, it is important to note that the right to a review does not necessarily mean that the original order will always be overturned. It merely provides an opportunity for the order to be reconsidered and reviewed. The appeal court has the discretion to affirm, vary, reverse, or set aside the original order. In conclusion, section 818(1) of the Criminal Code of Canada provides parties to an appeal with an essential right to a review of an order made by a justice. The provision promotes fairness, impartiality, and due process by allowing parties to challenge an order they feel is unjust. The flexibility to seek a review at any time during the hearing of the appeal ensures that parties have access to justice and fairness throughout the appeal process. Overall, this section contributes to the fundamental principles of justice and ensures that parties are not unfairly treated in the Canadian justice system.

STRATEGY

One of the key strategic considerations when dealing with section 818(1) of the Criminal Code of Canada is the timing of the application for review. Depending on the circumstances of the case and the nature of the order made by the justice, it may be advantageous to make the application for review early on in the appeal process, or to wait until later stages of the appeal. One potential strategy for making an early application for review is to try to obtain a quick and favourable decision from the appeal court, which could help to expedite the overall appeal process. This could be particularly useful in cases where time is of the essence, or where the appellant is facing significant legal or personal issues that may be impacted by the outcome of the appeal. Another strategic consideration is the nature of the order made by the justice and the potential consequences of seeking a review. Depending on the specifics of the case, it may be advisable to pursue a review even if the chances of success are uncertain, in order to maintain the appellant's rights and protect their interests. For example, in cases where an order made by the justice restricts the appellant's ability to communicate with certain individuals or access certain resources, seeking a review could be a way to ensure that these restrictions are not unduly impeding the appellant's ability to participate fully in the appeal process. In addition to these general strategic considerations, there are a number of specific strategies that could be employed when dealing with section 818(1) of the Criminal Code of Canada. Some of these strategies might include: - Careful analysis of the order made by the justice, including a review of its legal basis and potential impact on the appeal process. This analysis could help to identify the specific grounds on which an application for review might be based, as well as any potential legal challenges or complications that might arise. - Communication with the appeal court and other relevant parties in order to gauge the likelihood of success for an application for review. Depending on the circumstances, it may be possible to obtain input or support from the court, the prosecution, or other stakeholders, which could help to bolster the appellant's case. - Preparation of a strong and compelling argument in support of the application for review. This might involve gathering evidence, consulting with legal experts, or engaging in other activities designed to strengthen the appellant's position and demonstrate that the justice's order was unjust, unreasonable, or inconsistent with the principles of fairness and justice. Overall, the strategic considerations and strategies that should be employed when dealing with section 818(1) of the Criminal Code of Canada will depend largely on the specific circumstances of the case and the nature of the appeal. However, by carefully analyzing the order, communicating with relevant parties, and preparing a strong case, appellants can maximize their chances of success and achieve a favourable outcome in their appeal.