INTRODUCTION AND BRIEF DESCRIPTION
This section allows a person to appeal against an order made under subsection 745.51(1).
SECTION WORDING
675(2.3) A person against whom an order under subsection 745.51(1) has been made may appeal to the court of appeal against the order.
EXPLANATION
Section 675(2.3) of the Criminal Code of Canada outlines the right of appeal for a person who has been subjected to an order under subsection 745.51(1) of the code. This provision is primarily applicable in cases where the court orders a person convicted of first-degree murder to serve a period of parole ineligibility of more than 25 years. Such an order, commonly known as the "faint hope clause," allows the offender to apply for early parole eligibility before the expiry of their ineligibility period. Under this section, a person who has been subject to such an order can exercise their right to appeal to the court of appeal. The appeal can be made on various grounds, such as the correctness of the legal interpretation of the provisions of the Criminal Code used to impose the order, the severity of the order, or the fairness of the process that led to the imposition of the order. The right of appeal provided by section 675(2.3) is significant as it enables a person to challenge an order that could significantly affect their life and liberty. The provision ensures that the constitutional guarantee of the right to a fair and impartial trial is upheld. It provides an avenue for the appellant to seek legal redress and potentially have the order overturned, which could have significant consequences for the offender, their families, and the broader community. Overall, section 675(2.3) is a crucial provision of the Criminal Code of Canada that safeguards the rights of convicted offenders to appeal against orders that affect their parole eligibility. The provision acts as an essential check on the discretion of the court in matters of sentencing, ensuring that justice is served and the rule of law is upheld.
COMMENTARY
Section 675(2.3) of the Criminal Code of Canada provides individuals with the right to appeal against an order that has been made under subsection 745.51(1). This provision is an essential safeguard as it allows individuals to challenge an order they may view as unjust or unfair. Subsection 745.51(1) of the Criminal Code provides for the application of a "faint hope" clause. This clause allows individuals who have been sentenced to life imprisonment to apply for a reduction in their parole ineligibility period. If an individual succeeds in their application, they become eligible for parole and are allowed to leave prison before serving their entire sentence. However, not all applications are successful, and some individuals may be denied relief under this provision. In such cases, Section 675(2.3) of the Criminal Code allows individuals to challenge the decisions made against them. An individual may argue that the decision was incorrect or that their case was not adequately considered. The right to appeal against an order made under subsection 745.51(1) is crucial as it helps to ensure fair sentencing practices. This safeguard ensures that the rights of individuals are protected and that they have access to justice. Appeals also ensure that errors made during the initial trial can be corrected, leading to more accurate outcomes. The appellate process gives individuals an opportunity to present evidence and make arguments that may not have been considered in the initial hearing, which can lead to a different outcome. The right to appeal is a fundamental principle of a fair justice system. It provides individuals with the assurance that they are being treated fairly and that their rights are being upheld. It is essential to ensure that individuals have the right to challenge decisions made against them, especially in cases where their liberty is at stake. In conclusion, Section 675(2.3) of the Criminal Code of Canada provides an important safeguard that allows individuals to appeal against orders made under subsection 745.51(1). The right to appeal is a fundamental principle of a fair and just legal system and ensures that individuals have access to justice. This provision of the Criminal Code is essential to ensure that individuals can challenge decisions made against them, leading to more accurate outcomes and fairer sentencing practices.
STRATEGY
Section 675(2.3) of the Criminal Code of Canada provides individuals with the right to appeal an order made under subsection 745.51(1). This section of the Criminal Code is significant because it allows individuals to challenge the decision made by the court regarding their sentence for serious offences. This provision permits individuals to appeal the decision to the Court of Appeal, providing an additional opportunity to advocate for a favourable outcome. To deal with this provision, it is essential to understand some strategic considerations that could be employed. The focus will be on two principles: timing and the right forum. Timing is critical in all legal proceedings. As such, it is essential to act promptly and file the appeal within the prescribed time limit. In Canada, the time limit for appealing an order made under subsection 745.51(1) is 30 days, unless the court grants an extension for good cause. Missing the time limit for filing the appeal will lead to the forfeiture of the right to appeal, thereby rendering the appeal useless. Moreover, filing the appeal promptly assures the appellant of consideration of their appeal while the matter is still fresh in the mind of the judge who imposed the sentence. The right forum for the appeal is also crucial. Since this appeal right is only available to those who have been ordered to serve sentences that are 2 years or more, the Court of Appeal is the appropriate forum for the appeal. However, the appellant should consider if there are matters that were not properly considered at the trial level that may be properly considered by the Court of Appeal. Another important consideration is the strength of the appeal's grounds. For instance, the appeal may challenge the sentence on the basis of an error of law. In such a case, the appellant must demonstrate that the trial judge erred in law and that the appellate court should correct that error. Additionally, where the sentence is manifestly excessive or insufficient, the appellant must put forward persuasive evidence justifying that position. Preparing written submissions is an essential component of the appeal. It is important to convey legal arguments and facts in a persuasive manner to the Court of Appeal. Appellants must ensure that their submissions are properly crafted and that they do not stray from the relevant legal issues before the court. Written submissions should fulfil the purpose of the appeal and should be prepared well in advance of the appeal hearing. In conclusion, individuals who are considering an appeal in relation to an order made under subsection 745.51(1) of the Criminal Code of Canada should carefully consider the above strategic considerations. They should ensure that they file the appeal within the required time limit, select the appropriate forum, establish strong grounds, and prepare persuasive written submissions. The appeal process presents a valuable opportunity for individuals to challenge the decision made by the trial judge and seek a favourable outcome. By strategically considering the process, individuals can maximize their chances of success in the appeal process.