section 839(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

An appeal may be made to the Court of Appeal of Nunavut against a decision on a question of law alone with the permission of the court or a judge.

SECTION WORDING

839(1.1) An appeal to the Court of Appeal of Nunavut may, with leave of that court or a judge of that court, be taken on any ground that involves a question of law alone, against a decision of a judge of the Court of Appeal of Nunavut acting as an appeal court under subsection 812(2) or 829(2).

EXPLANATION

Section 839(1.1) of the Criminal Code of Canada outlines the process for appealing a decision of a judge of the Court of Appeal of Nunavut. A party seeking to appeal a decision must first obtain leave from the Court of Appeal or a judge of the Court of Appeal. The appeal may be taken on any ground that involves a question of law alone. This means that the party seeking to appeal must identify an error in law that impacted the decision made by the judge. Appeals cannot be based solely on disagreements with the judge's interpretation of the facts or the judge's exercise of discretion. This section specifically applies to appeals of decisions made by judges of the Court of Appeal of Nunavut acting as an appeal court under subsections 812(2) or 829(2). These subsections relate to appeals made from the Nunavut Court of Justice and the Nunavut Court of Appeal, respectively. Overall, Section 839(1.1) is a procedural provision intended to ensure that appeals from the Court of Appeal of Nunavut are based on clear legal arguments and do not result in unnecessary delays or appeals based on factual disputes.

COMMENTARY

Section 839(1.1) of the Criminal Code of Canada allows for an appeal to the Court of Appeal of Nunavut on any ground that involves a question of law alone, against the decision of a judge of the Court of Appeal of Nunavut acting as an appeal court under subsection 812(2) or 829(2). This provision is significant because it sets out the criteria that must be met for an appeal to be considered by the Court of Appeal of Nunavut. The inclusion of this provision is important because it ensures that the right to appeal is preserved and that individuals have access to a higher court to challenge a decision. A question of law alone refers to a question where the issue is a matter of interpretation or application of the law. Such questions are more suited to be addressed by courts of law than by ordinary citizens or juries who may not have the legal training necessary to properly interpret and apply the law. The provision also gives discretion to the Court of Appeal of Nunavut to grant or refuse leave to appeal. This means that the court has the authority to control its own docket and only hear appeals that it deems are worthy of its attention. The court may refuse leave to appeal if it believes the appeal is without merit or it is frivolous and vexatious. Another important aspect of this provision is that it applies specifically to appeals from the Court of Appeal of Nunavut when acting as an appeal court under subsection 812(2) or 829(2). This means that the provision only applies to appeals of criminal cases that have been heard by the Court of Appeal of Nunavut acting as an appeal court. This is important because it ensures that the scope of the provision is limited to a specific set of circumstances and does not apply to all appeals from lower courts. In practical terms, this provision means that individuals who wish to appeal a decision of the Court of Appeal of Nunavut must demonstrate that a question of law alone is at issue. This may be done by identifying specific aspects of the decision that involve the interpretation or application of the law and arguing that the lower court has made an error in its application. Overall, section 839(1.1) of the Criminal Code of Canada is an important provision that ensures that individuals have access to a higher court to challenge decisions that involve a question of law alone. It also provides direction to the Court of Appeal of Nunavut on how to manage its docket and which appeals to hear. This provision helps to reinforce the principle of access to justice and ensures that the rule of law is upheld.

STRATEGY

Section 839(1.1) of the Criminal Code of Canada provides an opportunity for individuals to appeal decisions made by judges in the Court of Appeal of Nunavut. However, the appeal may only be made on the grounds that involve a question of law alone. This section of the Canadian Criminal Code essentially means that a party may not appeal a decision made by a judge of the Court of Appeal of Nunavut based on a question of fact. Instead, the appeal must be based on a question of law. When dealing with this section of the Canadian Criminal Code, there are several strategic considerations that individuals must bear in mind. The first strategic consideration is to understand the nature of the question of law being appealed. In other words, the key issues underlying the question of law must be carefully assessed to determine the extent of the legal argument that may be employed in support of the appeal. This requires a thorough review of the applicable legislation, precedents, and case law. Another strategic consideration is to establish the relevant legal framework underlying the appeal. This includes identifying the legal principles that govern the matter in question, as well as the authority to which the appeal is being made. This information helps to contextualize the legal argument and demonstrates the relevance of the appeal. A third strategic consideration is to engage the appropriate legal team. This includes retaining the services of experienced lawyers or legal professionals who have expertise in the relevant area of law. A skilled legal team can help to identify and analyze the relevant legal issues, as well as prepare and present a compelling legal argument to the court. In addition to these strategic considerations, there are several strategies that could be employed when appealing decisions made by the Court of Appeal of Nunavut. These include the following: 1) Careful preparation of the appeal materials, which should include a detailed statement of facts, legal issues, and arguments; 2) Thorough analysis of the applicable legislation, case law, and legal precedent; 3) Focused presentation of the legal argument, emphasizing the key issues and legal principles at stake in the appeal; 4) Creative use of legal tools, such as persuasive legal writing, rigorous legal reasoning, and effective oral advocacy; 5) Collaboration with other legal experts, such as law professors, legal commentators, and other lawyers who have experience in the relevant area of law. In conclusion, Section 839(1.1) of the Criminal Code of Canada provides an opportunity for individuals to appeal decisions made by judges in the Court of Appeal of Nunavut. However, to be successful, the appeal must be based on a question of law alone. When dealing with this section of the Canadian Criminal Code, individuals must carefully assess the underlying legal issues, establish the relevant legal framework, and engage the appropriate legal team. By following these strategic considerations and employing effective legal strategies, individuals can increase their chances of successfully appealing decisions made by the Court of Appeal of Nunavut.