Criminal Code of Canada - section 675(1.1) - Summary conviction appeals

section 675(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

A person may appeal a summary conviction as if it were a conviction by indictment if there is an appeal in respect of the indictable offence and there has not been an appeal with respect to the summary conviction.

SECTION WORDING

675(1.1) A person may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a summary conviction or a sentence passed with respect to a summary conviction as if the summary conviction had been a conviction in proceedings by indictment if (a) there has not been an appeal with respect to the summary conviction; (b) the summary conviction offence was tried with an indictable offence; and (c) there is an appeal in respect of the indictable offence.

EXPLANATION

Section 675(1.1) of the Criminal Code of Canada provides individuals with the opportunity to appeal a summary conviction or sentence as if it were a conviction in proceedings by indictment, under certain circumstances. The section requires that the individual obtain leave from the court of appeal or a judge of that court before filing an appeal. Three requirements must be met for an individual to appeal pursuant to this section: Firstly, there cannot have been an appeal with respect to the summary conviction previously. This is because appellate courts generally prefer to have all issues heard and decided in one comprehensive appeal. Secondly, the summary conviction must have been tried with an indictable offence. This means that during the trial, there must have been at least one charge that could have been prosecuted in proceedings by indictment, even if the Crown chose to instead proceed by way of summary conviction. Thirdly, there must be an appeal in respect of the indictable offence. This means that the appeal cannot proceed solely on the basis of the summary conviction, but must also include the indictable offence that was tried together with it. Overall, this section of the Criminal Code is designed to allow individuals who were dealt with unfairly by being convicted summarily in circumstances where they ought to have been indicted - where more serious penalties and procedures would have applied - to have their appeals heard in a more appropriate setting. It recognizes that the process of being accused and convicted of any offence is a serious one, and that all individuals deserve a fair hearing, regardless of the procedural route taken.

COMMENTARY

Section 675(1.1) of the Criminal Code of Canada is a provision that grants defendants the right to appeal a summary conviction or sentence as if it were a conviction resulting from proceedings by indictment. This provision comes into play if there has been no previous appeal regarding the summary conviction and the offense in question was tried alongside an indictable offense, and there is an ongoing appeal regarding the latter. The section stipulates that the appellate court or its judge must grant leave to appeal for the appeal to proceed. This provision is crucial because it ensures that there is a higher threshold for granting leave to appeal. The court or judge does not grant leave to appeal automatically, and the appellant must present a compelling case to have their appeal heard and considered. This provision is essential to ensure that defendants who have been convicted of a summary offense receive a fair chance to appeal their case. Most summary offenses are minor offenses that result in shorter sentences and are tried in front of a judge without a jury. However, in some cases, the consequences of a summary conviction can be severe, leading to collateral effects on the defendant's life, such as job loss or inability to travel. Therefore, having the right to appeal a summary conviction is vital for people who believe that their conviction was unjust. This provision also aims to ensure that the appeals process is fair and unbiased, regardless of how the trial proceeded. The section allows the defendant to have the summary conviction treated as an indictable offense, which affords them greater legal rights and standards of evidence. This provision ensures that the defendant receives the same protections of fundamental justice in the appeals process as they would have if tried for an indictable offense. However, the provision is not without its limitations. The right to appeal only arises when the offense was tried alongside an indictable offense. This requirement may limit the number of cases in which a defendant can appeal a summary conviction. Additionally, the requirement that leave to appeal be granted may serve as a hindrance to defendants who do not have the financial resources to appeal their case to a higher court. In conclusion, section 675(1.1) of the Criminal Code of Canada is an essential provision that ensures that defendants who have received a summary conviction can appeal their case as if it were an indictable offense. This provision is crucial to ensuring that the appeals process is fair and unbiased, and defendants receive the same fundamental justice protections. However, this provision's limitations may limit its applicability, and granting leave to appeal may be an obstacle for some defendants.

STRATEGY

When dealing with section 675(1.1) of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. The first consideration is whether the summary conviction offense was tried with an indictable offense, which is a prerequisite for the appeal to be heard. If the offense did not involve an indictable offense, then an appeal cannot be filed under this section. Assuming that the summary conviction offense was tried with an indictable offense, the next consideration is whether to seek leave of the court of appeal or a judge of that court to appeal the summary conviction or sentence. This will depend on the specific circumstances of the case, including the strength of the legal argument for the appeal and the resources available to the appellant. One strategy that could be employed is to focus on the indictable offense that was tried alongside the summary conviction offense. By presenting a strong case for the appeal of the indictable offense, an appellant may be able to convince the court to allow an appeal of the summary conviction as well. Another strategy is to carefully review the evidence and legal arguments presented during the trial of the summary conviction offense. If there were any errors in the trial proceedings, or if the evidence presented was insufficient or improperly admitted, these issues could form the basis of an appeal. It may be helpful to consult with a legal professional to determine the strength of these arguments and the likelihood of success on appeal. In some cases, it may be wise to consider a plea bargain or settlement in order to avoid the risk and expense of an appeal. This is particularly true if the summary conviction offense is relatively minor or the sentence is not excessively harsh. However, if the appellant believes that there is a strong legal argument for the appeal, then pursuing the appeal may be the best course of action. In conclusion, section 675(1.1) of the Criminal Code of Canada provides a valuable avenue for appealing summary conviction offenses that were tried alongside indictable offenses. However, there are several strategic considerations that must be taken into account when deciding whether to pursue an appeal, including the strength of the legal argument, the resources available to the appellant, and the specific circumstances of the case. By carefully weighing these factors and seeking the advice of legal professionals, appellants can make informed decisions about their options for appealing summary conviction offenses.