section 683(5)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for certain sentences to be temporarily suspended until an appeal or application for leave to appeal has been determined by the court of appeal, if it is deemed to be in the interest of justice.

SECTION WORDING

683(5) If an appeal or an application for leave to appeal has been filed in the court of appeal, that court, or a judge of that court, may, when the court, or the judge, considers it to be in the interests of justice, order that any of the following be suspended until the appeal has been determined: (a) an obligation to pay a fine; (b) an order of forfeiture or disposition of forfeited property; (c) an order to make restitution under section 738 or 739; (d) an obligation to pay a victim surcharge under section 737; (e) a probation order under section 731; and (f) a conditional sentence order under section 742.1.

EXPLANATION

Section 683(5) of the Criminal Code of Canada enables the court of appeal or a judge of the court to suspend certain orders and obligations until an appeal has been resolved. The suspension can be ordered in situations where the court or judge deems it to be in the interests of justice. The section outlines the specific orders and obligations that can be suspended, including fines, forfeiting or disposing of property, paying restitution under sections 738 or 739, paying victim surcharges under section 737, probation orders under section 731, and conditional sentence orders under section 742.1. The purpose of this section is to prevent the harm that may result from enforcing certain orders and obligations while an appeal is underway. For instance, an individual may be unable to pay a large fine or victim surcharge while waiting for their appeal to be heard. This could cause undue hardship and limit their ability to defend themselves properly during the appeal process. By providing the court of appeal or a judge of the court with the power to suspend certain orders and obligations, this section aims to ensure fairness and protect the rights of individuals facing criminal charges. Additionally, it allows for a more efficient and effective appeal process, as appellants are not burdened with unnecessary obligations while waiting for their appeal to be heard.

COMMENTARY

Section 683(5) of the Criminal Code of Canada is a provision that allows the court of appeal or a judge of that court to order the suspension of certain obligations, such as paying a fine or making restitution, until an appeal has been determined. This provision is applicable when the court or the judge considers it to be in the interests of justice. The provision is important because it recognizes that the outcome of an appeal can have significant impact on the obligations imposed on the appellant. For instance, if an individual is ordered to pay a fine or make restitution, and they appeal the decision, it may be unfair to require them to fulfill those obligations before their appeal has been heard. The same applies to the other obligations listed in the provision. By allowing for the suspension of these obligations, the provision ensures that individuals who have filed an appeal are not unduly burdened by the obligations imposed on them by the lower court decision. This promotes fairness and ensures that individuals are not punished without due process. However, it is important to note that the court or the judge must consider the interests of justice before ordering the suspension of any obligation. This means that they must consider the potential impact of the suspension on all parties involved. For instance, if the obligation in question is restitution that is owed to a victim, the court must consider whether suspending the obligation would be unfair to the victim. Similarly, if the obligation is a probation order, the court must consider whether suspending the order would pose a risk to the community. Overall, section 683(5) strikes a balance between the interests of justice and the rights of appellants. It recognizes that individuals who have filed an appeal should not be unduly burdened by previous court orders, and it ensures that fairness and due process are upheld throughout the appeal process. The provision is an important safeguard that helps to promote justice and fairness in the Canadian legal system.

STRATEGY

Section 683(5) of the Criminal Code of Canada provides an important tool for accused persons who have been convicted of a crime and are pursuing an appeal. This section allows a court or judge to suspend certain obligations, such as the payment of fines, forfeiture orders, and restitution orders, while the appeal is pending. This section also allows for the suspension of probation orders and conditional sentence orders. One of the key strategic considerations when dealing with this section is to determine whether it is in the accused person's best interests to seek a suspension of the obligations in question. For example, if the accused is serving a probation order or conditional sentence, they may be better off completing those orders as soon as possible, rather than waiting for the appeal to be heard. On the other hand, if the accused is facing significant financial hardship as a result of the obligations, a suspension may be warranted. Another strategic consideration is whether the accused person should seek a suspension of all of the obligations, or only some of them. For example, if the accused has already paid a fine, they may not need to seek a suspension of that obligation. Similarly, if the accused is nearing the end of their probation or conditional sentence, they may not need to seek a suspension of those orders. The timing of the application for a suspension of obligations is also important. Generally, an accused person should seek a suspension as soon as possible after filing an appeal or application for leave to appeal. However, it may be prudent to wait until the appeal has been assessed and is deemed to have merit, as this may increase the chances of the court or judge granting the suspension. When seeking a suspension of obligations under section 683(5), it is important to provide the court or judge with all relevant information, including financial statements, evidence of hardship, and any other relevant information that may support the request for a suspension. The accused person may also choose to retain legal counsel to assist with the application, as this can increase the chances of success. In summary, section 683(5) of the Criminal Code of Canada provides an important tool for accused persons who are pursuing an appeal. Strategic considerations when dealing with this section include determining whether a suspension of obligations is warranted, deciding which obligations to seek a suspension of, choosing the right timing for the application, and providing the court or judge with all relevant information.