INTRODUCTION AND BRIEF DESCRIPTION
The appellant must give the court and respondent a certified transcript of any evidence taken by a stenographer or sound recording apparatus, unless ordered otherwise by the court of appeal or any applicable rules of court.
672.74(4) Unless it is contrary to an order of the court of appeal or any applicable rules of court, the appellant shall provide the court of appeal and the respondent with a transcript of any evidence taken before a court or Review Board by a stenographer or a sound recording apparatus, certified by the stenographer or in accordance with subsection 540(6), as the case may be.
Section 672.74(4) of the Criminal Code of Canada mandates that appellants must provide the court of appeal and the respondent with a certified transcript of evidence taken before a court or Review Board by either a stenographer or a sound recording apparatus, in compliance with subsection 540(6), unless the court of appeal or applicable rules of court stipulate otherwise. Essentially, this section requires appellants to provide an accurate record of the proceedings to enable the court of appeal to review and assess the evidence. Failure to comply with this requirement may lead to the dismissal of the appeal. The provision also emphasizes the importance of ensuring that the evidence is properly certified, which helps to maintain the integrity of the judicial process by minimizing the risk of inaccuracies or deliberate falsification of evidence. In summary, Section 672.74(4) emphasizes the importance of accurate record keeping and transparency in the appeal process.
The Criminal Code of Canada is a fundamental piece of legislation that outlines the laws and procedures for the protection of citizens and the administration of justice. Within this code, Section 672.74(4) sets out one important requirement for those involved in the appeals process. Specifically, this section outlines that unless otherwise specified by a court or the relevant rules, the appellant in an appeal must provide both the court of appeal and the respondent with a transcript of any evidence that was taken during the initial court or Review Board proceedings. This evidence must be certified by the stenographer or through the process outlined in subsection 540(6) of the Code. This section is important for a number of reasons. Firstly, it ensures that all parties involved in the appeal have access to the same sources of information and evidence. This can help to ensure that the appeal is conducted fairly and based on a full understanding of the facts of the case. Furthermore, this requirement supports the objectives of the legal system to enhance transparency and accountability. By requiring the appellant to provide the transcript, there is a higher degree of transparency about the evidence that was presented at the initial proceedings. This can help to promote trust and confidence in the legal system and its ability to deliver justice. However, this section does provide some exceptions, such as when a court has ordered otherwise or when other rules prevent the disclosure of the transcript. These exceptions are important as they allow for appropriate limitations to protect sensitive information or maintain privacy. Overall, Section 672.74(4) is an important part of the Criminal Code of Canada. It establishes a key requirement for appellants in appeals proceedings and promotes transparency, fairness, and accountability in the legal system.
Section 672.74(4) of the Criminal Code of Canada requires appellants in criminal cases to provide both the court of appeal and the respondent with a transcript of any evidence taken before a court or Review Board. Failure to do so can result in serious consequences, including the dismissal of the appeal. As such, it is important for both appellants and their legal representatives to carefully consider how to address this requirement. One strategy that could be employed is to work with a professional transcription service to ensure that accurate and timely transcripts are provided to the court and counsel. This can be especially useful in cases where there is a large volume of evidence or where the evidence is complex or technical in nature, as it can ensure that all evidence is properly documented and presented in a clear and concise manner. Additionally, working with a professional transcription service can help ensure that the transcripts are certified by a reputable third party, which can enhance their credibility in the eyes of the court. Another strategy that could be employed is to carefully review all transcripts and ensure that any errors or omissions are corrected before they are submitted to the court. This can be particularly important in cases where the accuracy of the evidence is in question or where there are inconsistencies in the testimony of different witnesses. By ensuring that all evidence is properly documented and presented in a clear and accurate manner, appellants can help build a strong case in support of their appeal. It is also important for appellants to carefully consider any applicable court orders or rules of court when preparing and submitting transcripts. Failing to comply with these rules can result in additional legal complications and may even lead to the dismissal of the appeal. Appellants should work closely with their legal team to ensure that they are fully aware of all relevant rules and requirements, and to develop a strategy for complying with these requirements in an efficient and effective manner. Overall, the strategic considerations involved in complying with Section 672.74(4) of the Criminal Code of Canada are complex and multifaceted. However, by working closely with their legal team and using a combination of professional transcription services, careful review and correction of transcripts, and compliance with all relevant court orders and rules, appellants can ensure that they are well positioned to present a strong case on appeal.