Criminal Code of Canada - section 693(1) - Appeal by Attorney General

section 693(1)

INTRODUCTION AND BRIEF DESCRIPTION

The Attorney General can appeal to the Supreme Court of Canada on any question of law if a conviction is set aside or appeal is dismissed.

SECTION WORDING

693(1) Where a judgment of a court of appeal sets aside a conviction pursuant to an appeal taken under section 675 or dismisses an appeal taken pursuant to paragraph 676(1)(a), (b) or (c) or subsection 676(3), the Attorney General may appeal to the Supreme Court of Canada (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 693(1) of the Criminal Code of Canada governs the process for an appeal to the Supreme Court of Canada after a judgment by a court of appeal has set aside a conviction or dismissed the appeal. When such an outcome occurs, the Attorney General has the right to appeal the decision to the Supreme Court of Canada on certain grounds. Firstly, the Attorney General can appeal to the Supreme Court of Canada on any question of law on which a judge of the court of appeal dissents. This means that if one of the appellate judges disagrees with the majority opinion concerning the interpretation or application of a particular law, the Attorney General can request clarification or reversal of that decision from the highest court in Canada. Furthermore, the Attorney General can appeal to the Supreme Court of Canada on any question of law if leave to appeal is granted by the Supreme Court of Canada. In other words, if the Attorney General disagrees with the interpretation or application of certain legal principles in the appellate court's decision and believes that it is a matter of national significance or public importance, they can seek special permission from the Supreme Court of Canada to have the decision reviewed. Overall, section 693(1) of the Criminal Code of Canada ensures that when a conviction is set aside or an appeal is dismissed, the Attorney General has the ability to seek further review of the decision in order to maintain consistency and clarity in the application of Canadian criminal laws.

COMMENTARY

Section 693(1) of the Criminal Code of Canada outlines the circumstances under which the Attorney General may appeal to the Supreme Court of Canada following a criminal conviction. Specifically, this section allows for an appeal if a judgment of a court of appeal sets aside a conviction under section 675 or dismisses an appeal taken under paragraph 676(1)(a), (b) or (c) or subsection 676(3). This provision grants the Attorney General significant power to challenge decisions made by lower courts in criminal cases. However, it is important to note that such an appeal can only be made on a question of law - not on matters of fact or discretion. There are two possible scenarios under which the Attorney General may appeal under section 693(1). The first is where a judge in the court of appeal dissents on a question of law. In such cases, the Attorney General can appeal to the Supreme Court for clarification and a final ruling on the matter. This ensures consistency in the interpretation and application of the law across the criminal justice system. The second scenario under which the Attorney General may appeal is where leave to appeal is granted by the Supreme Court of Canada. In such cases, the Court will only grant leave if there is a question of law that is of national importance and requires a final determination. While the ability for the Attorney General to appeal to the Supreme Court under section 693(1) is an important tool to ensure consistency in the criminal justice system, it is also subject to abuse. The power to appeal should be exercised judiciously and only in cases where there is a legitimate question of law to be answered. Furthermore, the use of this provision should not be allowed to undermine the principle of finality in criminal proceedings. Once a judgment is made by a court of appeal, it is generally considered final and the matter should be put to rest. The prospect of an appeal can create significant uncertainty for all parties involved and may delay the resolution of the case. In conclusion, Section 693(1) of the Criminal Code of Canada grants the Attorney General the power to appeal to the Supreme Court of Canada on questions of law following a criminal conviction. While this provision is an important tool to ensure consistency in the criminal justice system, it should be exercised judiciously and with an eye towards the principle of finality in criminal proceedings.

STRATEGY

Section 693(1) of the Criminal Code of Canada outlines the circumstances in which the Attorney General may appeal to the Supreme Court of Canada after a judgment of a court of appeal sets aside a conviction or dismisses an appeal. This section introduces several strategic considerations that must be taken into account when dealing with criminal appeals and cases. There are numerous strategies that may be employed in this regard, and the following are just a few of the most common. One important consideration is the question of law being raised by the Attorney General. Section 693(1) permits the Attorney General to appeal on any question of law on which a judge of the court of appeal dissents. This means that if one judge disagrees with the majority opinion regarding a point of law, the Attorney General has the right to appeal that particular issue to the Supreme Court of Canada. This is a powerful tool that can be used strategically to challenge and potentially overturn previous legal decisions. Another key strategic consideration is whether leave to appeal will be granted by the Supreme Court of Canada. As section 693(1) makes clear, the Attorney General can only appeal on any question of law if leave to appeal is granted by the Supreme Court of Canada. This means that the Attorney General must carefully consider the merits of the case and the likelihood of obtaining leave to appeal before initiating any appeal process. In addition to these procedural considerations, there are several other strategic factors to take into account when dealing with criminal appeals. For example, the Attorney General must carefully consider the strength of the evidence against the accused, the legal arguments that will be raised by both the defence and the Crown, and the potential for public backlash or criticism based on the nature of the case. One effective strategy that may be employed in certain circumstances is to work collaboratively with other stakeholders, such as the defence or the plaintiff. This may involve negotiating a plea deal or settlement that is beneficial to all parties involved, rather than engaging in protracted legal battles that may be costly and time-consuming. Finally, it is important to note that section 693(1) of the Criminal Code of Canada is just one of many tools that can be used by the Attorney General to pursue justice in criminal cases. Other strategies may include appealing to the media or public pressure, working collaboratively with law enforcement and community organizations, or lobbying for legislative change. Ultimately, the success of any strategy will depend on a range of factors, including the specific circumstances of the case, the legal and political landscape, and the skill and expertise of the legal team involved.