INTRODUCTION AND BRIEF DESCRIPTION
This section of the Criminal Code of Canada allows the appeal court to dismiss an appeal if the appellant has failed to comply with orders or conditions, or if the appeal has not been proceeded with or has been abandoned.
SECTION WORDING
825 The appeal court may, on proof that notice of an appeal has been given and that (a) the appellant has failed to comply with any order made under section 816 or 817 or with the conditions of any undertaking or recognizance given or entered into as prescribed in either of those sections, or (b) the appeal has not been proceeded with or has been abandoned, order that the appeal be dismissed.
EXPLANATION
Section 825 of the Criminal Code of Canada is a provision that allows the appeal court to dismiss an appeal if the appellant fails to comply with any order made under section 816 or 817 or fails to comply with the conditions of an undertaking or recognizance given, or if the appeal has not been proceeded with or has been abandoned. Essentially, this section gives the appeal court the power to terminate an appeal if the appellant fails to adhere to the conditions set forth in the Criminal Code or by the court. The purpose of this provision is to ensure that appeals are dealt with in a timely and efficient manner. If an appellant fails to comply with an order or condition, it can cause delays in the appeal process and waste the court's time and resources. By allowing the appeal court to dismiss an appeal, it can ensure that only appeals that are valid and adhere to the conditions set forth are heard, saving the court time and resources. It is important to note that an appellant has the right to appeal a decision in criminal proceedings, and this right should not be infringed upon. However, this provision is in place to balance the appellant's right to appeal with the need for the court to operate efficiently and effectively. Ultimately, it is important for all parties involved in criminal proceedings to comply with the Criminal Code and the court's orders to ensure justice is achieved in a timely and fair manner.
COMMENTARY
Section 825 of the Criminal Code of Canada is a provision that empowers the appeal court to dismiss an appeal if the appellant has failed to comply with any order made under section 816 or 817 or with the conditions of any undertaking or recognizance given or entered into as prescribed in either of those sections, or if the appeal has not been proceeded with or has been abandoned. The provision is intended to ensure that appeals are not filed frivolously or without merit, and that appellants comply with the rules governing the appellate process. One of the primary purposes of Section 825 is to ensure that appeals are filed in good faith and that the court's time is not wasted on meritless appeals. The provision requires that appellants comply fully with the conditions of any court order or undertaking that they have given, or face the risk of having their appeal dismissed. This ensures that appellants take the appellate process seriously, and that they are aware of the consequences of filing an appeal without merit. Another purpose of Section 825 is to ensure that the appellate process is not unduly delayed or abandoned. Appeals are a critical part of the legal process, as they provide litigants with a second chance to have their case or criminal conviction reviewed by a higher court. However, the appellate process can be a long and arduous process, and it is not uncommon for appellants to abandon their appeal or fail to proceed with it. Section 825 addresses this issue by allowing the court to dismiss an appeal that has not been pursued in good faith or has been abandoned. In addition to promoting the efficient and effective administration of justice, Section 825 also protects the integrity of the appellate process. The provision ensures that the court's time and resources are not wasted on frivolous or abusive appeals, and that the court's decisions are respected and enforced. The dismissal of an appeal under Section 825 sends a strong message that the appellant has failed to comply with the rules of the appellate process and has not acted in good faith. Overall, Section 825 of the Criminal Code of Canada is an important provision that helps to ensure that the appellate process is fair, efficient, and effective. By allowing the appeal court to dismiss appeals that are not pursued in good faith, the provision promotes respect for the court's decisions and the rule of law. Appellants who wish to file an appeal should take care to comply fully with all court orders and undertakings, and to pursue the appeal in good faith to avoid the risk of having their appeal dismissed under Section 825.
STRATEGY
Section 825 of the Criminal Code of Canada provides an avenue for the appeal court to dismiss an appeal if the appellant fails to comply with any order made under section 816 or 817 or with the conditions of any undertaking or recognizance given or entered into as prescribed in either of those sections. This section also allows for the appeal court to dismiss an appeal if it has not been proceeded with or has been abandoned. Understanding the strategic considerations when dealing with this section of the Criminal Code is essential to ensure that the appeal is not dismissed. One key strategic consideration is to comply with any orders made under sections 816 and 817 and the conditions of any undertakings or recognizance given. This means that the appellant should ensure that they comply fully with any conditions that have been imposed upon them by the court while awaiting judgement. For example, if the court has ordered the appellant to stay away from particular people or places, the appellant must ensure that they comply with this order and avoid these people or places. Another strategic consideration is to ensure that the appeal is continuously proceeding. If the appeal is not proceeding as expected, or if the appellant is unable to comply with any order or condition imposed by the court, they should notify their lawyer immediately to discuss any possible solutions. This may include requesting additional time to comply with an order, modifying the conditions of an undertaking or recognizance, or reconsidering the appeal strategy. Moreover, if the appellant is unable to comply with any order or condition, they should be prepared to explain the reasons for their non-compliance. This may help them to seek a more lenient outcome and avoid having the appeal dismissed. However, if the appellant is unable to provide any legitimate reason for their non-compliance, the appeal may still be dismissed under section 825 of the Criminal Code. One strategy that could be employed when dealing with this section of the Criminal Code is to have a detailed review of the case file and any conditions or orders imposed by the court. This can help to identify any possible areas of non-compliance and provide an opportunity to rectify these issues before they lead to the dismissal of the appeal. In conclusion, section 825 of the Criminal Code of Canada provides the appeal court with the power to dismiss an appeal if the appellant fails to comply with any order or condition imposed by the court under sections 816 and 817. Appellants should be strategic in ensuring compliance with court orders and continuously pursuing their appeal, and must be aware of the possible consequences of non-compliance. Employing strategies such as reviewing the case file and identifying areas of non-compliance can help appellants avoid the dismissal of their appeal.