section 820(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section establishes that a conviction, order, or sentence will not be considered appealed until proven otherwise.

SECTION WORDING

820(2) A conviction, order or sentence shall be deemed not to have been appealed against until the contrary is shown.

EXPLANATION

As outlined in the Criminal Code of Canada, Section 820(2) establishes a fundamental legal principle that governs the appeals process upon a conviction, order, or sentence in a criminal case. The section states that the conviction, order, or sentence in question shall not be considered to have been appealed unless the contrary is shown. This means that, in the absence of evidence to the contrary, a conviction, order, or sentence will be deemed to stand even if an appeal is filed. In other words, unless there is proof that a formal appeal process is underway, the conviction or sentence will remain in effect. This provision serves as a safeguard against confusion or ambiguity regarding the status of a case. It clarifies that a conviction cannot be overturned or altered simply by the filing of an appeal; rather, the appeal must be formally acknowledged and pursued through the appropriate legal channels in order to have any effect. Overall, this section is crucial in ensuring transparency and consistency in the criminal justice system. By establishing clear procedures for how appeals must be filed and pursued, it helps to promote fairness and clarity in all aspects of criminal proceedings. Ultimately, this benefits everyone involved in the legal process - from the accused to the victims and their families to the broader public.

COMMENTARY

Section 820(2) of the Criminal Code of Canada serves as a critical safeguard to ensure that justice is fair and transparent. The section essentially states that any conviction, order, or sentence shall not be considered appealed against unless proven otherwise. In essence, this provision prevents any unfair application of the law, and it ensures that the judicial process is as transparent as possible. The provision goes a step further by not presuming any guilt or innocence until proven otherwise in a court of law. This presumption of innocence is one of the most important aspects of the justice system, and it guarantees that anyone accused of a crime is not treated unfairly or prejudiced in any way. It's a critical safeguard that ensures that the burden of proof falls on the prosecution to prove a defendant's guilt beyond reasonable doubt. The provision is an essential part of the judicial process in Canada. It ensures that the trial process is fair and impartial, and that appeals are handled impartially. It also places a significant burden on the prosecution to prove guilt beyond reasonable doubt. If they fail to do so, then the accused is deemed not guilty, and there is no presumption of guilt. It should be noted that this provision only applies to cases that have been appealed. In other words, it does not apply to cases that have not been appealed yet. It serves as a reminder that the burden of proof rests with the prosecution and not with the defendant. The provision also serves as a vital check against the possibility of wrongful convictions. In cases where a conviction has been appealed, it is essential to ensure that there was no miscarriage of justice during the initial trial. The provision is particularly critical in cases where new evidence has been discovered that could have provided a different outcome in the original trial. In conclusion, Section 820(2) of the Criminal Code of Canada is a critical provision that ensures justice is administered fairly and transparently. It upholds the presumption of innocence and places the burden of proof on the prosecution to prove guilt beyond a reasonable doubt. It also serves as an essential safeguard against wrongful convictions and ensures that appeals are handled impartially. In short, it's a crucial component of the Canadian justice system.

STRATEGY

Section 820(2) of the Criminal Code of Canada is an important provision that dictates the procedural requirements for appealing a conviction, order, or sentence. The provision essentially states that a conviction, order or sentence cannot be deemed to have been appealed against until the contrary is shown. It is therefore imperative for parties seeking to appeal a conviction, order or sentence to understand the strategic considerations surrounding this provision and employ relevant strategies to secure a successful appeal. One of the most important strategic considerations when dealing with Section 820(2) is compliance with the appeal process. It is essential to follow the correct appeal process as set out in the Criminal Code to ensure that not only the appeal is deemed filed, but also that the necessary documentation and information to support the appeal are included in the initial paperwork. Failure to comply fully with all the procedural requirements may result in the Court deeming an appeal not filed, thereby, rendering the matter unappealable. Another strategic consideration when dealing with Section 820(2) is the need to provide clear and persuasive grounds to support the appeal. The Court of Appeal will only be open to hearing an appeal if there are meritorious grounds for doing so. A party seeking to appeal should seek guidance from an experienced criminal lawyer to help frame their grounds and prepare written material that thoroughly outlines the legal arguments to support the appeal. Relevant jurisprudence and precedents, if applicable, should also be included in the written submission. Timeliness is also a critical strategic consideration when dealing with Section 820(2). The Criminal Code of Canada sets out strict timelines for filing an appeal. The provisions state that the appeal must be filed within 30 calendar days of the conviction, order or sentence being challenged. Failing to meet the 30-day deadline, the Court may decline to hear an appeal, and the consequences are fatal to the appeal. Preparation for an appeal is another strategic consideration when dealing with Section 820(2). It is essential to be well-prepared for the appeal hearing by reviewing all relevant documents and evidence, including the transcript from the trial proceedings, any exhibits from the trial, including videos and photographs, and all other relevant documents. Preparing well for the appeal hearing ensures that the party's legal and factual positions are clearly articulated to the Court of Appeal. Finally, it is essential to select the most appropriate Court of Appeal or appellate court that has jurisdiction to hear the appeal. Every jurisdiction has specific rules, guidelines, and procedures for appeals. Therefore, a party should seek the advice of a lawyer experienced in the appellate court, which is the right forum to handle their particular type of appeal. Failure to select the right Court of Appeal can be disastrous, resulting in procedural mistakes that may ultimately prejudice the appeals chances of success. In conclusion, Section 820(2) of the Criminal Code of Canada imposes procedural requirements for the appeals of convictions, orders or sentences. Compliance with the appeal process, presentation of persuasive grounds, timely filing of appeal, preparation for the appeal hearing, and selection of the right Court of Appeal are some of the essential strategic considerations for successfully handling appeals under Section 820 (2).