section 395(3)


This section allows for appeals of orders made in summary conviction proceedings.


395(3) An appeal lies from an order made under paragraph (2)(b) in the manner in which an appeal lies in summary conviction proceedings under Part XXVII and the provisions of that Part relating to appeals apply to appeals under this subsection.


Section 395(3) of the Criminal Code of Canada provides that an appeal can be made from an order made under paragraph (2)(b) of the same section. This paragraph allows a judge to order the forfeiture of property that was used in the commission of a criminal offence or that was obtained as a result of that offence. The section specifically applies to property that has been seized as part of a criminal investigation, such as drugs, weapons, or proceeds of crime. The appeal process outlined in section 395(3) is similar to that in summary conviction proceedings under Part XXVII of the Criminal Code. This means that the person appealing the order has the right to a transcript of the trial or hearing, and can raise issues related to the trial process or the evidence presented. The section also outlines the time limits for filing an appeal and the ways in which it can be done. Overall, section 395(3) is an important provision that ensures a fair and just process for those whose property has been seized as a result of a criminal investigation. It allows for the possibility of challenging an order for forfeiture that may have been unjustly or improperly imposed. The provision also safeguards against wrongful seizure of property by ensuring that due process is followed in the forfeiture process.


Section 395(3) of the Criminal Code of Canada outlines the process for appeals for orders made under paragraph (2)(b). This section establishes that an appeal can be made in the same manner as any other appeal made during summary conviction proceedings. The provisions for appeals under Part XXVII will apply to appeals under this subsection. This section is important in providing a clear process for defendants who wish to appeal an order made under paragraph (2)(b). This ensures that justice is served and that the rights of the defendant are protected. It also ensures that the law is consistently applied across all cases, providing equal protection to all defendants regardless of their circumstances. If a defendant wishes to appeal an order made under paragraph (2)(b), the first step is to determine if the order is a summary conviction offense. If so, they can proceed with the appeal process outlined in Part XXVII of the Criminal Code. This process includes filing a notice of appeal, providing grounds for appeal, and making an application for leave to appeal. The defendant must meet the criteria outlined in Part XXVII, including demonstrating that there is a likely chance of success on the appeal. It is important to note that the provisions of Part XXVII apply to appeals under this subsection, which can have certain implications for the appeal process. For example, section 677 of Part XXVII establishes that certain timelines must be met for an appeal to be heard. This means that defendants must act promptly in filing their notice of appeal and other documents to ensure that their appeal proceeds in a timely manner. Additionally, the provisions of Part XXVII establish the framework for appeal hearings and judgments. This includes the opportunity for oral arguments, the ability to introduce new evidence, and the option for the appellate court to make a new judgment or order a new trial. By applying these provisions to appeals under this subsection, defendants can have confidence that their appeal will be conducted in a fair and consistent manner. In conclusion, section 395(3) of the Criminal Code of Canada provides an important framework for appeals against orders made under paragraph (2)(b). By following the process outlined in Part XXVII, defendants can ensure that their appeal is heard in a fair and consistent manner, protecting their rights and preserving the integrity of the justice system. This section is crucial in ensuring justice is truly served for all.


Section 395(3) of the Criminal Code of Canada provides for appeals from orders made under paragraph (2)(b) in a manner similar to that in summary conviction proceedings under Part XXVII. This section is crucial to offenders who may wish to challenge the order made against them and avoid or minimize their sentence, especially as it concerns their liberty. One of the strategic considerations in dealing with this section is the need for a competent lawyer. Having a good lawyer will go a long way in ensuring that the offender's right to appeal is not waived or jeopardized by technicalities or legal intricacies. Considering the complexity of criminal proceedings, engaging a competent lawyer can help the offender to build a strong legal case on which the appeal will be based. Another strategic consideration is timing. It is essential to file an appeal within the statutory timeframe prescribed, which is usually 30 days. Failure to do so may lead to the appeal being struck out. Time considerations also come into play when deciding whether to file an appeal immediately or to wait and gather more information or evidence to strengthen the case. The third strategic consideration is the grounds of appeal. There must be clear and specific grounds for challenging the order made against the offender. This could include matters of law, fact, or a mix of both. The appellant's lawyer must carefully review the trial proceedings and identify any errors made by the judge or prosecutor that could be the basis of the appeal. Appellants can seek fresh evidence if they can demonstrate that it could not have been obtained with reasonable diligence at the time of the trial. Fourthly, it is essential to consider the likelihood of success and the possible outcome of the appeal. In some cases, the appeal may lead to a reduction in sentence or a quashing of the order altogether. In other cases, a new trial may be ordered. It is essential to weigh the potential benefits and drawbacks of the appeal and only proceed if the potential benefits outweigh the risks. Lastly, it is crucial to consider the cost of the appeal, either in terms of money or time, and the impact it may have on the offender's personal, economic, and social life. If the cost of the appeal is too high, the offender may choose not to proceed, despite having strong grounds. In summary, one of the critical strategic considerations when dealing with section 395(3) of the Criminal Code of Canada is the need for competent legal representation. Time, grounds of appeal, likelihood of success, and cost-benefit analysis are all important considerations that should be taken into account when deciding to appeal. By considering these strategic factors carefully, offenders can make informed decisions that could result in a positive outcome.