Criminal Code of Canada - section 117.011(9) - Application of Part XXVII to appeals

section 117.011(9)

INTRODUCTION AND BRIEF DESCRIPTION

This section explains that certain parts of the Criminal Code apply to appeals made under subsections (7) or (8) with modifications as necessary.

SECTION WORDING

117.011(9) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (7) or (8), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

EXPLANATION

Section 117.011(9) of the Criminal Code of Canada deals with the appeal procedures for individuals who have been designated as a terrorist entity. It states that the provisions of Part XXVII, which deals with appeals, will apply to appeals made under subsection (7) or (8) of Section 117.011. However, this section also specifies that certain sections, such as 785 to 812, 816 to 819, and 829 to 838, will not apply in this context. These sections deal with topics such as the location of an appeal court, procedures for the review of sentencing decisions, and the jurisdiction of a court to hear an appeal. To provide some background, under Section 83.05 of the Criminal Code of Canada, the Attorney General has the power to designate an individual or group as a terrorist entity if he or she believes that the entity has carried out or will carry out terrorist activities. Once designated, a range of legal measures become available to prevent the entity from carrying out its activities, including freezing its assets and imposing travel restrictions on its members. Individuals or groups designated as terrorist entities may appeal the designation to a superior court, as provided for in Subsections 117.011(7) and (8) of the Criminal Code of Canada. These appeals can be made on a number of grounds, such as procedural unfairness, a lack of evidence, or errors of law. Section 117.011(9) provides guidance on the process for these appeals, stating that the provisions of Part XXVII will apply with some modifications as necessary. This means that the appeal process will generally follow the same rules as other criminal appeals, but may be adapted to address the unique circumstances of a terrorist designation. For instance, the court may take steps to protect sensitive information that could pose a threat to national security if released. Overall, Section 117.011(9) ensures that the appeal process for individuals or groups designated as terrorist entities is fair and consistent with the principles of Canadian criminal law, while also acknowledging the need to balance national security concerns with individual rights and freedoms.

COMMENTARY

Section 117.011(9) of the Criminal Code of Canada is an important provision that outlines the applicability of Part XXVII of the Criminal Code with regards to appeals made under subsection (7) or (8). Part XXVII of the Criminal Code deals with appeals, and it is divided into two main sections: the first deals with appeals as of right, while the second deals with appeals with leave of the court. Generally speaking, appeals as of right are available for certain types of convictions or sentences, while appeals with leave of the court require the permission of the appellate court before they can proceed. Section 117.011(9) indicates that the provisions of Part XXVII of the Criminal Code apply in respect of an appeal made under subsection (7) or (8). Subsection (7) concerns appeals by the prosecution against certain types of decisions, while subsection (8) concerns appeals by the accused against certain types of decisions. Specifically, subsection (7) provides for appeals by the prosecution against orders of stay of proceedings, acquittals, or certain types of rulings concerning the admission or exclusion of evidence. Subsection (8) provides for appeals by the accused against orders of conviction or sentence. The provision also makes it clear that certain sections of Part XXVII do not apply to such appeals. These sections are sections 785 to 812, 816 to 819, and 829 to 838. These sections deal with matters such as the right to appeal, the procedure for filing an appeal, and the grounds for an appeal. The fact that these sections do not apply to appeals made under subsection (7) or (8) indicates that a different set of rules and procedures may apply to such appeals. Additionally, the provision states that the provisions of Part XXVII that do apply will do so with modifications as the circumstances require, and as if each reference in that Part to the appeal court were a reference to the superior court. This means that the superior court, which is the court with the authority to hear these types of appeals, will apply Part XXVII with necessary changes in order to suit the unique circumstances of the appeal. Overall, Section 117.011(9) serves to clarify the application of Part XXVII of the Criminal Code to appeals made under subsection (7) or (8), and ensures that the appeals process is conducted in a fair and efficient manner. It is important for individuals who may be considering an appeal to understand how this provision may impact their case, and to seek legal advice if they have any questions or concerns.

STRATEGY

Section 117.011(9) of the Criminal Code of Canada governs the procedure for appeals from Security Certificate decisions made under the Immigration and Refugee Protection Act. A Security Certificate is a legal process whereby the government can detain or deport individuals who are deemed to pose a security risk to Canada. When it comes to dealing with Section 117.011(9), there are several strategic considerations that individuals and their lawyers must keep in mind. These considerations include: 1. Choosing the Right Court: As per Section 117.011(9), appeals from Security Certificate decisions must be made to the superior court. However, the decision to appeal to the provincial or federal superior court will depend on several factors, including the nature of the case, the evidence that is being relied on, and the legal arguments that will be presented. 2. Timing: Time is of the essence in Security Certificate appeals. Individuals who are subject to a security certificate application or order have a limited amount of time within which to appeal. As such, it is crucial to act quickly and retain the services of experienced counsel to assist with the appeal process. 3. Evidence: Security Certificate proceedings can involve sensitive and confidential information, and the government may rely on classified evidence to support its case. As such, individuals and their lawyers must be prepared to deal with complex evidentiary issues and consider strategic ways to challenge the evidence presented by the government. 4. Legal Arguments: Security Certificate cases are highly complex and involve a myriad of legal issues. Individuals and their lawyers may need to rely on creative legal arguments and case law to challenge the constitutionality of the procedures or laws they are subject to. 5. Communication: Communication with counsel is crucial when it comes to dealing with Section 117.011(9). Individuals and their lawyers must work collaboratively to gather evidence, identify legal options, and present arguments to the court. To succeed in an appeal of a Security Certificate decision, individuals and their counsel must work together to build a strong case and navigate the complex legal landscape that surrounds these cases. By keeping these strategic considerations in mind and employing appropriate strategies, individuals can increase their chances of success and secure their rights and freedoms in Canada.