Criminal Code of Canada - section 679(8) - Application to appeals on summary conviction proceedings

section 679(8)

INTRODUCTION AND BRIEF DESCRIPTION

This section applies to appeals in summary conviction proceedings to the Supreme Court of Canada.

SECTION WORDING

679(8) This section applies to applications for leave to appeal and appeals to the Supreme Court of Canada in summary conviction proceedings.

EXPLANATION

Section 679(8) of the Criminal Code of Canada is a provision that applies specifically to summary conviction proceedings and pertains to both applications for leave to appeal and appeals to the Supreme Court of Canada. In Canada, there are two types of criminal proceedings: summary conviction proceedings, which are reserved for less serious offences, and indictable offence proceedings, which are reserved for more serious crimes. In summary conviction proceedings, a person may apply for leave to appeal a conviction or sentence, or may appeal a conviction or sentence if they have already been granted leave. This section of the Criminal Code sets out the rules for those seeking to appeal decisions in the Supreme Court of Canada in such proceedings. The purpose of this provision is to ensure that summary conviction appeal processes are carried out properly, fairly, and within the bounds of the law. It outlines the steps that must be taken in order to initiate an appeal, including providing notice to the interested parties, filing the necessary documents, and adhering to timelines. In order to appeal a summary conviction decision, the appellant must obtain leave from the Court to do so. This means that they must show that there is a reasonable chance that the appeal will succeed, and that the appeal is in the public interest. If leave is granted, the appeal may proceed. Overall, section 679(8) ensures that appeals in summary conviction proceedings are handled fairly and in accordance with the law, protecting the rights of both appellants and respondents.

COMMENTARY

Section 679(8) of the Criminal Code of Canada (CCC) is a provision that sets out the scope of the section with respect to the applications for leave to appeal and appeals to the Supreme Court of Canada in summary conviction proceedings. Summary conviction proceedings are a type of criminal proceeding that is less serious than a conviction proceeding that could lead to a more severe punishment. The purpose of this section is to ensure that the right to appeal is granted to the accused in summary conviction proceedings. This provision is an essential part of the Canadian criminal justice system. It recognizes that an accused person has a right to a fair trial and access to justice. It guarantees that individuals have the ability to appeal their case and seek to reverse a decision when they believe that they have been wrongly convicted. The appeal process plays a crucial role in correcting errors, ensuring the fair administration of justice, and protecting individuals' rights. The procedures for an appeal or leave to appeal in summary conviction proceedings involve various steps, including filing an application with a Court of Appeal within a limited time frame, and providing reasons why the accused should be granted leave to appeal. The evidence provided must satisfy the court that there is either a question of law or a question of fact to be resolved for the appeal to succeed. The court will then decide whether to grant leave to appeal or dismiss the application. The provision is a safeguard against wrongful convictions. The right to appeal is critical in any criminal process. It provides a mechanism for correcting errors that may occur in the lower court and ensures a fair trial. It also helps to maintain public confidence in the justice system, as individuals are reassured that they will not be wrongly convicted and that the legal system has adequate checks and balances in place. Furthermore, the provision promotes access to justice and the rights of the accused. By guaranteeing access to appeal, individuals can receive a fair trial and ensure that their rights are protected. It is essential to remember that everyone has the right to a fair trial, and the justice system must provide the necessary mechanisms to ensure that this right is upheld. In summary, Section 679(8) of the Criminal Code of Canada is a critical provision that guarantees the right to appeal in summary conviction proceedings. It is a safeguard against any errors that may occur in the lower courts and ensures that justice is served. It is essential to have such provisions as they promote access to justice, and they protect the rights of the accused. The provision ensures that Canada's justice system remains robust and that everyone can expect a fair and impartial trial.

STRATEGY

Section 679(8) of the Criminal Code of Canada is a provision that applies to applications for leave to appeal and appeals to the Supreme Court of Canada in summary conviction proceedings. The provision sets out some specific considerations that lawyers must take into account when dealing with such cases, including the deadlines for filing appeals, the grounds for appeal, and the procedure to be followed before and during the appeal. One of the most important strategic considerations that lawyers must keep in mind when dealing with this section of the Criminal Code is time management. Appeals to the Supreme Court of Canada must be filed within strict time limits, and lawyers must ensure that their clients' appeals are filed on time. Failure to meet the deadline for filing an appeal can result in the appeal being dismissed, which can be a significant setback for the client. Another important strategic consideration is the grounds for appeal. Lawyers must carefully review the trial record and identify any errors or omissions that may have affected the outcome of the case. These could include errors in the application of the law or the admission of evidence, or failures to disclose relevant evidence or information. Identifying the strongest grounds for appeal and presenting them in a clear and persuasive manner is critical to the success of the appeal. A key strategy that could be employed in dealing with this section is to engage in careful and thorough preparation. Lawyers must ensure that they have a complete understanding of the law and the facts of the case, and that they are fully prepared to argue the appeal before the Supreme Court of Canada. This may involve conducting additional research or consulting with expert witnesses or other professionals. Another strategy that could be employed is to focus on building a persuasive argument that appeals to the Supreme Court of Canada. Lawyers must be able to demonstrate that their client's rights were violated or that errors were made in the lower court proceedings that require correction. They must be able to present their arguments in a clear and concise manner, and be able to anticipate and respond to potential counterarguments from opposing counsel. Overall, dealing with section 679(8) of the Criminal Code of Canada requires careful planning and strategic thinking. Lawyers must be able to identify the strongest grounds for appeal, file appeals within the required timeframe and follow the proper procedure, and present a persuasive case before the Supreme Court of Canada. By employing these and other strategic considerations, lawyers can increase their chances of success in summary conviction appeal proceedings.