INTRODUCTION AND BRIEF DESCRIPTION

Paying a fine does not waive the right to appeal without explicitly indicating an intention to do so.

SECTION WORDING

820(1) A person does not waive his right of appeal under section 813 by reason only that he pays the fine imposed on conviction, without in any way indicating an intention to appeal or reserving the right to appeal.

EXPLANATION

Section 820(1) of the Criminal Code of Canada highlights an important provision related to one's right to appeal a conviction and sentence. It states that paying the fine that was imposed on the convict does not bar them from appealing the decision later. This means that someone who has been convicted of a crime and has been fined can still file an appeal against their sentence, even if they have paid the fine, without indicating any intention to appeal or reserving the right to appeal. This provision is important because it protects the right of individuals to appeal against their conviction and sentence. It recognizes that sometimes people may pay their fine simply because they do not have the financial means to challenge the decision at that time. However, this should not be seen as an indication that they have waived their right to appeal. The provision also ensures that the financial burden of appealing is not a barrier to someone challenging the decision. Overall, Section 820(1) of the Criminal Code of Canada provides an important safeguard to ensure that individuals are not barred from exercising their right to appeal, even if they have paid the fine imposed upon them. By establishing this principle, the provision upholds the principles of justice and fairness in the legal system.

COMMENTARY

Section 820(1) of the Criminal Code of Canada deals with the waiver of the right of appeal under section 813. The section specifies that a person does not waive their right of appeal under section 813 solely by paying the fine imposed on conviction. This is regardless of whether they indicate an intention to appeal or reserve the right to appeal. This provision is significant for numerous reasons. Firstly, it formalizes and reinforces a fundamental principle of natural justice that every person has the right to appeal a court's decision. This right of appeal is crucial as it ensures that the appellant has the opportunity to have the case reviewed by a higher court to determine if there were any errors made in the original trial. This is especially important when considering that a criminal trial often involves the liberty and well-being of a person and their community. Secondly, this provision also recognizes that paying a fine imposed on conviction does not equate to a waiver of the right of appeal. This is a significant departure from the common law position on the same issue. In the common law, the payment of a fine was generally considered to be an unequivocal acceptance of the conviction and a waiver of the right to appeal. However, this left the door open to abuse by some unscrupulous police officers, prosecutors, and even judges. These individuals would pressure the accused to pay the fine, indicating that it is cheaper and quicker than going through the appeals process. By doing so, the accused unknowingly waived their right of appeal, and the conviction was final. Thirdly, Section 820(1) empowers appellants to make an informed choice about their right to appeal rather than feeling pressured into one decision or the other. Now, an appellant has the freedom to pay the imposed fine without indicating an intent to appeal or reserving the right to appeal. They can take the time to review their options with their lawyer and decide the best course of action. This promotes access to justice as it gives appellants control over their legal process. It also eliminates the possibility of unscrupulous prosecution tactics, thereby ensuring that the criminal justice system operates fairly and without bias. Finally, Section 820(1) also highlights the importance of legal knowledge and awareness. Without this provision, many accused persons may unwittingly waive their right of appeal. This would result in an incomplete justice system where not all legal remedies are available to every citizen. However, once persons know their legal rights, they are better equipped to make informed decisions, and justice can be served. In conclusion, Section 820(1) of the Criminal Code of Canada is a significant provision that reinforces the fundamental right of appeal and promotes access to justice. It enhances the integrity of the criminal justice system by eliminating the possibility of unscrupulous prosecution tactics related to the payment of a fine. It empowers appellants with legal knowledge and awareness of their rights, ensuring that they can achieve the best possible outcome. Overall, this provision highlights the importance of the rule of law and the need for fairness, justice and a level playing field in the Canadian criminal justice system.

STRATEGY

Section 820(1) of the Criminal Code of Canada is a provision that entitles a person the right to appeal against a sentence even if they have paid the fine imposed without indicating any intention to appeal or reserving the right to appeal. This provision is an important safeguard for individuals who may have made a hasty decision to pay the fine imposed on them without considering the possibility of appealing the sentence. In this essay, we will explore some strategic considerations that may arise when dealing with Section 820(1) and discuss some strategies that could be employed. One of the primary considerations when dealing with Section 820(1) is the timing of the appeal. A person who has paid the fine imposed on them may still appeal, but there are strict timelines within which they must do so. The Criminal Code requires that an appeal must be filed within thirty days of the sentence being imposed. Failing to file the appeal within the specified time means that the person is deemed to have waived their right of appeal, and the sentence becomes final. Therefore, in dealing with this provision, it is important to consider the timing of the appeal carefully. Another strategic consideration is the grounds of appeal. A person who has paid the fine imposed on them may only appeal on certain grounds. Section 813 of the Criminal Code sets out the grounds of appeal that a person can rely on. These include errors of law, errors of fact, and errors of mixed law and fact. It is important for individuals and their legal counsel to carefully review the sentence and determine the grounds of appeal that are available. Legal arguments and evidence must be organized to support the grounds of appeal. It is also important to note that not all sentences can be appealed. Some sentences, such as absolute and conditional discharges, cannot be appealed. In such situations, paying the fine or accepting the sentence may be the best course of action. Having considered these strategic considerations, some strategies that could be employed include: 1. Engaging legal counsel: A person who has paid a fine should engage legal counsel to help them navigate the appeal process. Legal counsel can provide guidance on the timing of the appeal, the grounds of appeal, and the strength of the appeal. 2. Keeping records: If a person intends to appeal, it is important to keep records of all communication with the court and law enforcement officials. This may include notes on conversations, emails, or letters. 3. Gathering evidence: To support the grounds of appeal, it may be necessary to gather evidence such as witnesses, documents, or expert reports. This evidence should be gathered and organized in a way that supports the grounds of appeal. 4. Preparing legal arguments: Legal arguments should be prepared in support of the grounds of appeal. These arguments should be based on legal precedents, statutes, and facts of the case. 5. Preparing for the hearing: A person who is appealing a sentence may need to attend a hearing. They should prepare for the hearing by practicing their testimony, reviewing legal arguments, and gathering supporting documentation. In conclusion, Section 820(1) of the Criminal Code of Canada provides an important safeguard to people who have paid a fine imposed on them. However, there are strategic considerations that must be taken into account in dealing with this provision. The timing of the appeal, the grounds of appeal, and the strength of the appeal are important considerations. Strategies such as engaging legal counsel, keeping records, gathering evidence, preparing legal arguments, and preparing for the hearing can help to ensure a successful appeal.