INTRODUCTION AND BRIEF DESCRIPTION
691(2) A person who is acquitted of an indictable offence other than by reason of a verdict of not criminally responsible on account of mental disorder and whose acquittal is set aside by the court of appeal may appeal to the Supreme Court of Canada (a) on any question of law on which a judge of the court of appeal dissents; (b) on any question of law, if the Court of Appeal enters a verdict of guilty against the person; or (c) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.
Section 691(2) of the Criminal Code of Canada provides an avenue of appeal for a person who has been acquitted of an indictable offense but subsequently has their acquittal set aside by the court of appeal. This section outlines the situations in which a person may appeal to the Supreme Court of Canada on any question of law. Under subsection (a), a person may appeal if a judge of the court of appeal dissents on any question of law. This enables a person to appeal to the Supreme Court of Canada if a judge disagrees with the decision made by other judges on a legal issue. Subsection (b) allows a person to appeal if the court of appeal enters a verdict of guilty against them. If a person is acquitted at trial but later has their acquittal overturned by the court of appeal and is found guilty of the offense, they may appeal to the Supreme Court of Canada on a question of law. Finally, subsection (c) provides for leave to appeal if granted by the Supreme Court of Canada. This gives the court the discretion to grant leave to appeal if they believe the issue raised is of substantial importance and warrants consideration by the highest court in the country. Overall, section 691(2) of the Criminal Code of Canada is designed to ensure that a person who has been acquitted of a criminal offense is given the opportunity to appeal to the highest court in the country to challenge the legal validity of their conviction or sentence.
Section 691(2) of the Criminal Code of Canada provides for a specific circumstance in which a person who has been acquitted of an indictable offence may be able to appeal to the Supreme Court of Canada. This section applies to individuals who have been acquitted of an indictable offence, excluding cases where the verdict of not guilty was reached due to a mental disorder, and whose acquittal is subsequently set aside by the court of appeal. This provision serves as an additional safeguard in the justice system, allowing individuals who have been acquitted of a crime but have had their acquittal overturned on appeal to further challenge the decision at the highest appellate court in the country. There are three situations in which an individual may appeal to the Supreme Court of Canada under this section. Firstly, if a judge of the court of appeal dissents on a question of law related to the acquittal. Secondly, if the court of appeal enters a verdict of guilty against the person, the individual may appeal on any question of law. Thirdly, if leave to appeal is granted by the Supreme Court of Canada, the individual may appeal on any question of law related to their acquittal. The provision in section 691(2) serves to protect the rights of individuals who may have been wrongfully convicted or whose acquittal may have been improperly overturned on appeal. It allows for a further review of the legal issues surrounding the case, ensuring that the appeal process remains fair and just. However, it also highlights the complexity and complexity of the legal system, as it is often very difficult for an individual to navigate and understand the many different avenues for appeal. It may also prolong the process of resolution of a case, leading to extended periods of uncertainty and anxiety for all parties involved. Overall, Section 691(2) of the Criminal Code of Canada provides an important safeguard in the Canadian justice system, allowing for further appeals in specific circumstances where an individual's rights may have been violated or the legal process may have been improperly conducted. However, it also highlights the need for ongoing efforts to reform and improve the justice system to ensure that it remains accessible, transparent, and fair for all Canadians.
Section 691(2) of the Criminal Code of Canada provides a framework for appeals by individuals who have been acquitted of an indictable offense, but whose acquittals have been set aside by the court of appeal. However, navigating this section of the code can be complex, requiring careful consideration of a range of strategic factors. One critical consideration when dealing with Section 691(2) is the role that legal precedent plays in shaping potential strategies. As with any area of law, previous decisions made by the courts provide important guidance for future cases. This means that lawyers and other legal professionals must study past decisions closely, looking for relevant precedents that may influence the outcome of their own case. In addition to precedent, there are several other strategic factors that can impact a case under Section 691(2). One key consideration is the strength of the evidence against the accused. If the evidence is weak or circumstantial, it may be more difficult to secure a guilty verdict, even if an earlier acquittal has been set aside. Lawyers may need to explore alternative legal arguments, such as arguing that the evidence gathered was obtained illegally. Another strategic consideration is the mental state of the accused at the time of the alleged offense. If the person was suffering from a mental disorder or illness, it may be possible to argue that they were not criminally responsible for their actions. This defense can be challenging to prove, but it may offer a way to secure a favorable outcome for the accused. Finally, lawyers and other legal professionals must consider the specific circumstances of each individual case before deciding on a strategy. This may involve assessing the credibility of witnesses, analyzing the strength of the prosecutor's case, and exploring alternative legal avenues based on the details of the case at hand. Ultimately, the strategic approach chosen will depend on a wide range of factors, including the specific details of the case, the strength of the evidence, and the experience and expertise of the legal team involved. In terms of specific strategies that can be employed when dealing with Section 691(2), there are several approaches that may be effective. One common tactic is to challenge the legality of the evidence gathered in the case, arguing that it was obtained through unconstitutional means or otherwise violates the accused's rights. This can be a powerful argument, particularly if there are clear violations of the law or ethical guidelines in the way the evidence was obtained. Another possible strategy is to seek expert support for the defense team. This might involve hiring a specialist in the relevant area of law or retaining a medical expert to testify on behalf of the accused. Such experts can provide valuable support for the defense team, helping to establish alternative legal theories or providing compelling testimony that can sway the jury. Ultimately, the key to success when dealing with Section 691(2) lies in careful analysis and strategic foresight. By carefully considering all the available options and exploring alternative legal avenues, legal professionals can help their clients secure the best possible outcome in the face of a difficult and complex legal challenge.