section 672.74(3)

INTRODUCTION AND BRIEF DESCRIPTION

The clerk of the court of appeal shall keep the material referred to in subsection (2) with the records of the court of appeal.

SECTION WORDING

672.74(3) The clerk of the court of appeal shall keep the material referred to in subsection (2) with the records of the court of appeal.

EXPLANATION

Section 672.74(3) is a provision under the Criminal Code of Canada that outlines a specific requirement for the court of appeal. It states that the clerk of the court of appeal must keep the material referred to in subsection (2) of the same provision with the records of the court of appeal. Subsection (2) of section 672.74 pertains to the materials that comprise the record on appeal in a criminal case. This record is composed of various pieces of evidence, including transcripts of the trial proceedings, exhibits, and any other relevant materials that were presented during the trial. The record on appeal is a crucial document that enables the court of appeal to understand the legal issues and evidence that were considered in the trial court. By requiring the clerk of the court of appeal to keep the material referred to in subsection (2) with the records of the court of appeal, section 672.74(3) ensures that these important documents are organized and preserved properly. This provision helps to maintain the integrity of the record on appeal, which is critical for a fair and accurate appeal process. Overall, section 672.74(3) is a necessary provision that underscores the importance of maintaining accurate records in the criminal justice system. It holds the clerk of the court of appeal accountable for ensuring that the record on appeal is complete and accessible, and it helps to promote transparency and fairness in the appeal process.

COMMENTARY

Section 672.74(3) of the Criminal Code of Canada is a provision that requires the clerk of the court of appeal to keep material referred to in subsection (2) with the records of the court of appeal. This section is an essential part of the criminal justice system in Canada, as it helps ensure that the court has access to all relevant materials when considering an appeal. The purpose of this section is to ensure that the court of appeal has access to all the necessary documents and materials relevant to an appeal. The materials referred to in subsection (2) include the indictment, the transcript of the proceedings at trial, any exhibits filed at trial, and any exhibits filed on the appeal. These materials are critical in determining whether there were any errors in law or facts during the trial that warrant a new trial or a reduction in sentence for the appellant. The clerk of the court of appeal is responsible for keeping these materials and ensuring that they are readily available to the court. It is essential to note that this section does not give the clerk the power to make decisions about the appeal. Instead, their role is solely to keep these materials in an orderly and accessible manner. The importance of ensuring that all relevant materials are available to the court cannot be overstated. The materials referred to in subsection (2) are often voluminous and complex. This can make it challenging for the court to manage, organize, and access these materials, especially when dealing with numerous appeals. The clerk's role in keeping these materials becomes paramount in ensuring that the court has easy access to all the materials presented during the trial and any new evidence that might be brought forward on appeal. Moreover, the trial judge cannot be relied on to make sure that the materials are available as he/she is not responsible for keeping court records. Instead, it falls to the clerk of the court of appeal to keep court records, including the materials referred to in subsection (2). This reinforces the importance of administrative staff in the court system, as they ensure that the court's work runs smoothly. In conclusion, section 672.74(3) of the Criminal Code of Canada is a vital provision that ensures all relevant materials are available to the court of appeal when considering an appeal. It requires the clerk of the court to keep all materials referred to in subsection (2) with the records of the court of appeal. The importance of this section cannot be overstated, as it ensures that the court has access to all materials necessary to make informed decisions when considering an appeal. Furthermore, it highlights the importance of administrative staff in the court system and the critical role they play in ensuring that the court's work runs smoothly.

STRATEGY

Section 672.74(3) of the Criminal Code of Canada deals with the responsibilities of the clerk of the court of appeal in keeping material related to a particular case. This section emphasizes the importance of keeping records and preserving evidence, which is essential for ensuring the fairness and integrity of our justice system. There are certain strategic considerations that can be useful in dealing with this section of the Criminal Code of Canada. Some of these strategies are described below: 1. Compliance: One of the foremost considerations when dealing with this provision is compliance. As the recording and preservation of evidence is a crucial aspect of the appeal process, it is essential to ensure that the clerk of the court of appeal is fulfilling their responsibility of keeping the material referred to in subsection (2) with the records of the court of appeal. It is crucial to review the records and ensure that all the material referred to in subsection (2) is present and accounted for. If any material is missing, it is vital to act immediately and take steps to recover the lost material. This can include tracking down any witnesses who may have had access to the material and ensuring that the clerk of the court of appeal has taken the necessary steps to safeguard and maintain the evidence. 2. Collaboration: Collaboration with the clerk of the court of appeal is another crucial strategy that can be employed in dealing with this section of the Criminal Code of Canada. Maintaining a positive and effective working relationship with the clerk of the court can help ensure that all the material related to a case is kept secure and preserved in a manner that is accessible and useful to legal professionals. It is important to communicate effectively with the clerk of the court of appeal, providing them with all relevant information, and ensuring that they have the necessary resources to perform their duties effectively. This can include providing training in effective record-keeping and communication, ensuring adequate staffing levels, and providing the necessary technology and software to keep records up-to-date and readily accessible. 3. Technology: Employing technology can be a significant advantage in dealing with this section of the Criminal Code of Canada. With technological advancements, it is now possible to keep records and maintain evidence in a more streamlined and accessible manner. An example of such technology is case management software. This software allows for the electronic storage and retrieval of case files and records, making it easier for the clerk of the court of appeal to keep track of records and ensure that all material is stored accurately and securely. 4. Monitoring: Another important strategy when dealing with this section of the Criminal Code of Canada is to monitor the clerk of the court of appeal's performance regularly. This can include conducting routine audits of records and case files to ensure that all the evidence is kept secure and that the clerk of the court is fulfilling their legal obligations. It may also involve requiring the clerk of the court to provide regular reports on their performance and any issues they may have encountered in keeping records. This can help identify areas where improvements can be made and provide an opportunity to address any concerns before they lead to a breakdown in the system. In conclusion, as the section 672.74(3) of the Criminal Code of Canada deals with the responsibilities of the clerk of the court of appeal in keeping material related to a particular case, lawyers need to be aware of the strategic considerations when dealing with this section. Compliance, collaboration, technology, and monitoring are some of the key strategies that can be employed to ensure that material related to a case is kept secure and preserved in a manner that is accessible and useful to legal professionals. Failure to comply with this section could lead to the loss or compromise of evidence, which can have a severe impact on the outcome of a case. Therefore, implementing effective strategies to deal with section 672.74(3) is essential to ensure that justice is served.