Criminal Code of Canada - section 490.6 - Appeals from orders under subsection 490.2(2)

section 490.6

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a person who feels they have been unjustly ordered under subsection 490.2(2) to appeal as they would for a conviction or acquittal under Part XXI.

SECTION WORDING

490.6 Any person who, in their opinion, is aggrieved by an order made under subsection 490.2(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI, and that Part applies, with any modifications that the circumstances require, in respect of such an appeal.

EXPLANATION

Section 490.6 of the Criminal Code of Canada deals with the right of appeal for a person who has been subject to an order made under subsection 490.2(2). Under this section, any person who feels aggrieved by such an order has the right to appeal as if the order was an appeal against conviction or a judgment or verdict of acquittal under Part XXI of the Criminal Code. Part XXI of the Criminal Code deals with appeals in criminal proceedings, setting out the procedures and rules for challenging decisions made by lower courts. Section 490.6 essentially extends these same procedures and rules to appeals against orders made under subsection 490.2(2). Subsection 490.2(2) of the Criminal Code relates to orders for the forfeiture, restraint, or disposition of property that is believed to be proceeds of crime or used in the commission of a crime. Such orders can have serious financial implications for the individual involved, and as such, it is essential that there be a mechanism for appeal. The section also notes that any necessary modifications will be made to Part XXI in order to apply it to appeals under subsection 490.2(2). This means that the specific context and circumstances of appeals relating to property forfeiture and the proceeds of crime will be taken into account in the appeals process. Overall, section 490.6 is an important safeguard to ensure that individuals subject to orders under subsection 490.2(2) have a fair and accessible avenue of appeal.

COMMENTARY

Section 490.6 of the Criminal Code of Canada provides the procedure for appeal against an order made under subsection 490.2(2). This section provides the aggrieved party with the right to appeal the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal. This means that the appellate court will consider the appeal in the same manner as it would consider an appeal against conviction or acquittal. The procedure for appeal under this section is similar to that of Part XXI of the Criminal Code which provides for appeals against conviction or verdicts of acquittal. This means that the same legal principles and rules of evidence apply to appeals under this section. The appellate court will consider the evidence presented in the lower court and decide whether the order made was correct or not. If the appellate court finds that the order was incorrect, it may set aside the order and make a new order as it deems fit. This section of the Criminal Code of Canada is important in that it provides a mechanism for the aggrieved party to seek redress against an order made under subsection 490.2(2). This subsection provides for the forfeiture of property that has been obtained by crime or used in the commission of a crime. Ordinarily, the forfeiture of property may have serious consequences for the owner of the property. Therefore, having the right to appeal against an order made under this subsection is crucial for owners of property that have been seized. The appellants in these cases may argue that the seizure of their property was unlawful, or that they were not given a fair opportunity to defend themselves in the lower court. The appellate court will have to consider these arguments and decide whether the order made was correct or not. If the appellate court finds that the order was incorrect, it may set aside the order and make a new order as it deems fit. However, this section of the Criminal Code of Canada has also been subject to criticism. Some critics argue that the procedural requirements for appeals under this section are too onerous and that they may prevent some appellants from accessing the appellate process. Others argue that the section does not provide for enough safeguards to protect the rights of the appellants, who may be disadvantaged by the forfeiture of their property. In conclusion, section 490.6 of the Criminal Code of Canada provides the aggrieved party with the right to appeal against an order made under subsection 490.2(2). This section provides for a mechanism for the appellate court to consider the evidence presented in the lower court and decide whether the order made was correct or not. While this section is an important safeguard for the rights of the appellants, it has also been subject to criticism for its perceived shortcomings. Overall, the ability to appeal against orders made under subsection 490.2(2) is an essential right that must be protected in all circumstances.

STRATEGY

Section 490.6 of the Criminal Code of Canada provides a key opportunity for individuals who have been subject to an order made under subsection 490.2(2) to appeal and have their case reviewed. This section of the code allows for an appeal against such an order, and the appeal process will be conducted the same way as an appeal against conviction or against a judgment or verdict of acquittal. There are a few key strategic considerations that individuals should keep in mind when dealing with this section of the Criminal Code. First and foremost, it is important to carefully review and understand the specifics of the order that has been made under subsection 490.2(2). This will help to determine the best approach to take when filing an appeal and to identify any legal or procedural issues that may need to be addressed. Another key strategic consideration is timing. Appeals must be filed within specific time limits, and delays can impact the outcome of the case. Therefore, individuals should act promptly and seek legal counsel to ensure that they are aware of the relevant timelines and deadlines. In addition to timing, individuals should also carefully consider the grounds for their appeal. Appeals can only be based on specific legal or procedural errors, and it is important to identify and articulate these errors in a clear and compelling manner. This can involve a careful review of the evidence presented in the original case, as well as a review of relevant case law and legal precedent. One possible strategy that individuals may consider is the use of expert testimony or evidence. An expert witness can help to provide additional context and analysis, and can be useful in demonstrating the validity of a particular argument or position. Another strategy that can be employed is the use of alternative dispute resolution techniques, such as mediation or arbitration. These methods can be helpful in resolving disputes quickly and efficiently, and can often result in a more favorable outcome for all parties involved. Ultimately, the key to success when dealing with section 490.6 of the Criminal Code is to be proactive, prepared, and well-informed. Individuals should seek the guidance of experienced legal professionals and carefully consider their options before moving forward with an appeal. By doing so, they can increase their chances of achieving a positive outcome and securing their legal rights.