section 692(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the circumstances under which an appeal may be made on questions of law within the criminal justice system.

SECTION WORDING

692(3) An appeal under subsection (1) or (2) may be (a) on any question of law on which a judge of the court of appeal dissents; or (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

EXPLANATION

Section 692(3) of the Criminal Code of Canada outlines the provisions for appealing a verdict in a criminal trial. Specifically, it speaks to the two scenarios in which an appeal can be made. First, an appeal can be made on any question of law if a judge of the court of appeal dissents. This means that if one or more judges on the appeal court disagree with the verdict and give a dissenting opinion, the accused can appeal the decision because there is a question of law that needs to be addressed. Secondly, an appeal can be made on any question of law if leave to appeal is granted by the Supreme Court of Canada. In this situation, the accused must apply for permission to appeal to the Supreme Court of Canada. The Supreme Court will only grant leave to appeal if it deems the case to involve a question of national importance or if there is an important legal issue to be determined. Overall, Section 692(3) ensures that an accused person has the right to appeal a verdict if there is a question of law that needs to be addressed. This is important in ensuring that the justice system is fair and maintains the rule of law.

COMMENTARY

Section 692(3) of the Criminal Code of Canada provides the criteria for an appeal on questions of law within the criminal justice system. This section clearly defines two main grounds for appeals on questions of law - a dissenting opinion by a judge of the Court of Appeal and leave granted by the Supreme Court of Canada. The first ground for appeal on a question of law is when a judge of the Court of Appeal dissents. This means that the judge disagrees with the ruling made by the other members of the Court of Appeal on a question of law. Dissenting opinions can occur due to several reasons, including a disagreement on the application or interpretation of the law, or the admissibility of evidence presented in a criminal case. In such cases, an appeal can be made based on the dissenting judge's opinion to ensure that the correct interpretation of the law is applied, and justice is served. The second ground for appeal on a question of law is when leave is granted by the Supreme Court of Canada. This implies that only cases that have significant legal issues or implications can be appealed at the Supreme Court level. Leave to appeal is a discretionary power given to the Supreme Court, and they can choose whether or not to hear the case. This means that cases that have little legal significance may not be granted leave to appeal. In essence, this discretion allows the Supreme Court to focus on cases that would have a larger impact on Canadian law. The importance of section 692(3) is evident in the Canadian legal system. The criminal justice system is complex, and errors or misinterpretations can occur during trials or hearings. These errors can result in wrongful convictions or acquittals, and section 692(3) provides guidance on how to rectify these errors. The review process ensures that the law is interpreted correctly and that justice is served in accordance with legal principles. Furthermore, the importance of section 692(3) can be seen in the fact that the Supreme Court of Canada may not hear every case that is appealed to them. This discretion allows the Court to focus on the cases that have significant legal implications, making the legal system more efficient and effective. In conclusion, section 692(3) of the Criminal Code of Canada plays a crucial role in ensuring that justice is served in accordance with the law. The two grounds for appeal on questions of law ensure that the correct interpretation of the law is applied and that only significant cases are heard by the Supreme Court of Canada. The importance of this section is evident in the complex nature of the criminal justice system and the potential for errors to occur during trials or hearings. Therefore, section 692(3) provides a mechanism for rectifying these errors and maintaining the integrity of the Canadian legal system.

STRATEGY

Section 692(3) of the Criminal Code of Canada is an important legal provision that outlines the grounds for appeals from court decisions. It provides two avenues for appeals, one through the court of appeal and the other through the Supreme Court of Canada. These appeals can be made on any question of law and can have significant legal implications for the parties involved. In this essay, we discuss some strategic considerations that should be taken into account when dealing with section 692(3) and suggest some strategies that could be employed by the parties to optimize the appeal process. One of the key strategic considerations when dealing with section 692(3) is timing. Appeals must be filed within a certain period of time, typically 30 days from the date of the decision. Filing an appeal within this timeframe is critical to preserving the right to appeal and avoiding any issues related to time limitations. As such, it is important to act quickly to ensure that an appeal is filed in a timely manner. Another strategic consideration is the strength of the arguments that will be presented on appeal. When appealing a court decision, the appellant must be prepared to provide solid evidence to support their position. This can be challenging, as the court of appeal will review the evidence already presented at trial, and will not hear any new evidence. As such, parties must carefully review the trial record and determine whether the evidence was correct and properly presented. If there are reasons to challenge the evidence or the procedure followed in the trial, then these challenges must be addressed in the appeal process. The appeal process itself can also be a strategic consideration. Appeals can take time and be costly, so it is important to determine whether an appeal is worthwhile. Appeals are generally allowed in cases where a judge has made an error in law, but it is important to assess whether the error had a significant impact on the outcome of the trial. If the error was minor and unlikely to have changed the verdict, then it may not be worth pursuing an appeal. Another strategic consideration is the forum in which the appeal will be heard. Appeals can be heard by the court of appeal or the Supreme Court of Canada, depending on the circumstances. The court of appeal typically hears appeals from lower courts, while the Supreme Court of Canada hears appeals from the federal court, as well as provincial and territorial courts of appeal on matters of national importance. The decision of which court to go with will depend on the complexity and significance of the matter. Finally, it is important to consider the potential outcomes of an appeal. The appeal process can result in a reversal of a lower court decision, but it can also result in the same verdict being confirmed. Parties should be prepared for both outcomes and consider the implications of each. If the verdict is upheld, then further appeals may not be possible, and the parties will need to consider the next steps in their case. In terms of strategies that could be employed when dealing with section 692(3) of the Criminal Code of Canada, some key ones include: - Carefully reviewing trial transcripts and other evidence to determine if there are grounds for appeal. - Ensuring that the appeal is filed within the prescribed timeframe. - Choosing the appropriate venue for the appeal, taking into account the complexity and significance of the matter. - Being prepared to provide solid evidence to support the arguments being made on appeal. - Carefully weighing the potential outcomes of an appeal and deciding whether or not to pursue it. Overall, dealing with section 692(3) of the Criminal Code of Canada involves careful strategic considerations. It is critical to review all relevant evidence and consider the potential outcomes of an appeal in order to optimize the process and achieve the best possible outcome. Engaging experienced legal counsel can also be an important part of developing an effective appeal strategy.