Criminal Code of Canada - section 839(2) - Sections applicable

section 839(2)

INTRODUCTION AND BRIEF DESCRIPTION

Section 839(2) applies the modifications required to an appeal under this section by Sections 673 to 689.

SECTION WORDING

839(2) Sections 673 to 689 apply with such modifications as the circumstances require to an appeal under this section.

EXPLANATION

Section 839(2) of the Criminal Code of Canada pertains to appeals related to criminal proceedings. Specifically, it refers to the applicability of Sections 673 to 689 in relation to appeals under this section. These sections deal with appeals from convictions, indictable offenses, and summary conviction offenses. In essence, this section indicates that the provisions outlined in Sections 673 to 689 can be modified as needed to align with the unique circumstances of an appeal under Section 839. This means that the processes and requirements for appealing a decision in a criminal case can be adapted to suit the specific nature of the appeal being made. This approach is designed to improve the efficiency and effectiveness of the appeals process. By allowing for customized modifications based on the circumstances of each case, it ensures that appeals are handled in a fair and just manner, with due regard for the complexities and nuances of the particular case being considered. Overall, Section 839(2) serves to promote transparency and accountability in the Canadian legal system by ensuring that appeals are conducted according to a clear and consistent framework that seeks to balance the interests of justice with the rights of those involved in the appeal process.

COMMENTARY

Section 839(2) of the Criminal Code of Canada is an important provision that outlines the application of pre-existing sections to an appeal that falls under this section. This particular provision is essentially a clause that indicates that Sections 673 to 689 of the Criminal Code apply in an appeal under Section 839, with certain modifications depending on the circumstances of the case. Before discussing the significance of Section 839(2), it is important to understand the purpose of this section. Section 839 of the Criminal Code of Canada outlines the process that an accused person can undertake when appealing their conviction or sentence from a lower court. This process is separate from the appeals process that applies to civil cases, where appeals are generally made to a higher court for the purpose of correcting errors or flaws in the original trial. In the criminal context, an appeal is typically made by the accused person for the purpose of having their conviction or sentence overturned or modified. The application of Sections 673 to 689 to appeals under Section 839 is significant as these sections provide the basic framework for the appeals process in the Canadian legal system. These sections provide guidance on everything from the timing and process of filing an appeal to the grounds under which an appeal can be made. Additionally, these sections set out the process for hearing an appeal, including the establishment of an appeal court and the role of the justices who hear the appeal. The application of these sections to appeals under Section 839 helps to ensure consistency and fairness in the criminal appeals process. The modifications that may be made to these sections, depending on the circumstances of the case, highlight the flexibility of the Canadian legal system. There may be situations where a strict application of these sections may not be appropriate or where a different approach may be needed to address unique circumstances in a particular case. For instance, in the case of an appeal that involves a conviction that was based on DNA evidence that was later discovered to be compromised, different procedures may need to be put in place to evaluate this new evidence. In such a case, a modification to the standard appeals process may be necessary to ensure that justice is served and that any errors are corrected. In conclusion, Section 839(2) of the Criminal Code of Canada plays an essential role in ensuring the integrity and fairness of the criminal appeals process in Canada. By providing for the application of Sections 673 to 689 with necessary modifications, this provision helps to establish a consistent and flexible framework for hearing appeals under Section 839. Ultimately, this provision serves as a critical safeguard of justice in the Canadian legal system.

STRATEGY

Section 839(2) of the Criminal Code of Canada provides guidance with respect to the appeals mechanism in criminal cases. It applies to present appeals from the decisions of criminal courts, and it requires the application of Sections 673 to 689 of the Code, with modifications as deemed necessary. When dealing with this section, there are several strategic considerations that legal practitioners could take into account to achieve optimal outcomes for their clients. One of the key considerations is preparation. This involves reviewing the case facts, analyzing the legal issues, and identifying the grounds for appeal. This encompasses researching and evaluating precedents that can be used to support the appeal. Counsel should pay attention to the available evidence and its admissibility during trial, the judge's directives to the jury, and the sentencing guidelines. Successful appeals demand detailed preparation, reasoned arguments, and persuasive submissions. The second strategic consideration is the timing of the appeal. This requires a careful analysis of the urgency of the appeal, the likelihood of the appeal's success, and the consequences of undue delay. Delaying an appeal may have negative consequences for the appellant, such as the failure to preserve the status quo, or an increased likelihood of increased penalties. Conversely, launching an appeal as soon as possible can have strategic advantages, such as getting the matter resolved quickly, reducing the impact of a conviction, and avoiding collateral consequences. Another important strategic consideration is the choice of appellate court. Counsel should analyze the case and determine whether the appeal should be heard by a higher court or the same court but with a different judge. Appellate courts have different characteristics, and the choice of the court may have a significant effect on the outcome of the appeal. Factors to consider may include the complexity of the matter, the value of the appeal, and the court's experience in the subject matter under appeal. The fourth strategic consideration in dealing with Section 839(2) is drafting effective appellate briefs. Appellate briefs should be concise, well-reasoned, and persuasive. They should set out the relevant facts, the legal issues, the arguments, and the applicable legal authorities. Counsel should avoid grandstanding in their briefs, focus on the legal issues and facts, and present a powerful analysis of the appeal's merits. A well-crafted brief can significantly enhance the appeal's prospects of success. Finally, in dealing with Section 839(2), counsel should be mindful of the principles of appellate advocacy. These include the importance of respecting the judgment of the trial court, maintaining credibility, persevering where prospects of success are high, identifying the key issues, and presenting well-crafted arguments. Winning an appeal requires a combination of effective preparation, legal knowledge, strategy, and persuasive advocacy. In conclusion, the strategic considerations when dealing with Section 839(2) of the Criminal Code of Canada should be tailored to the unique needs of the appeal. Preparation should be focused, and counsel should be mindful of timing, choice of appellate court, drafting effective appellate briefs, and the principles of appellate advocacy. By diligently addressing these strategic considerations, counsel can improve the prospects of success on appeal, and achieve the best possible outcome for their clients.