Criminal Code of Canada - section 695(1) - Order of Supreme Court of Canada

section 695(1)

INTRODUCTION AND BRIEF DESCRIPTION

The Supreme Court of Canada has the power to make any necessary order or rule to give effect to its judgment on an appeal under this Part.

SECTION WORDING

695(1) The Supreme Court of Canada may, on an appeal under this Part, make any order that the court of appeal might have made and may make any rule or order that is necessary to give effect to its judgment.

EXPLANATION

Section 695(1) of the Criminal Code of Canada grants the Supreme Court of Canada with broad powers to make any orders or rules necessary to give effect to its judgment when deciding an appeal under this Part. This section is important as it enables the highest court in Canada to ensure that the decisions made by lower courts are consistent with the law and the principles of justice. When the Supreme Court of Canada hears an appeal, it has the authority to make any order that the court of appeal might have made. This means that the Supreme Court can exercise all of the powers that the court of appeal has, including the ability to quash a conviction or order a new trial. Additionally, it can make any additional orders or rules that are necessary to give effect to its judgment. This may include orders relating to the conduct of the trial, the sentencing of the accused, or the payment of costs. The purpose of this section is to ensure that justice is served in criminal cases. By providing the Supreme Court of Canada with broad powers to make orders and rules, this section ensures that the right outcome is reached in each case. It also ensures that the lower courts are held accountable for their decisions and that they are consistent with the law. Overall, Section 695(1) is a crucial part of the Criminal Code of Canada that helps to ensure that justice is served in criminal cases.

COMMENTARY

Section 695(1) of the Criminal Code of Canada is an essential provision that gives the Supreme Court of Canada broad powers to make any order or rule that it deems necessary to uphold justice on an appeal in the criminal justice system. The provision is significant in the Canadian legal system because it grants the Supreme Court of Canada the power to ensure that justice is upheld by giving effect to its judgment. The section acts as a safeguard against misjudgments by subordinate courts, ensuring that there is no further miscarriage of justice in a case. One of the key advantages of section 695(1) is that it grants the Supreme Court of Canada the power to correct mistakes made by lower courts. In instances where the lower courts fail to consider all the evidence or make incorrect decisions, the provision allows the Supreme Court of Canada to rectify the errors. In doing so, it ensures that justice is served, and that those who have been wrongly accused or sentenced are not left to bear the consequences. Furthermore, section 695(1) of the Criminal Code of Canada is instrumental in ensuring that the legal system remains fair and just. Its provisions are crucial in promoting the principles of fairness, equality, and impartiality, which are essential elements of the Canadian legal system. The provision helps to ensure that fairness and impartiality are upheld during criminal proceedings and that Canadian citizens are not subjected to unmerited legal processes that could lead to unjust outcomes. Importantly, the provision can also be applied in a proactive manner. The Supreme Court of Canada can make any rule or order that it deems necessary to give effect to its judgment. This means that the court can set guidelines and precedents that lower courts can apply when hearing similar cases. This is critical in ensuring that there is consistency in the interpretation of the law and the dispensation of justice across the Canadian legal system. In conclusion, section 695(1) of the Criminal Code of Canada is a vital provision that grants the Supreme Court of Canada broad powers to give effect to its judgments. The provision is critical in ensuring justice is served in the Canadian legal system by granting the Supreme Court of Canada the power to make orders or rules necessary to rectify errors, promote fairness and impartiality, and uphold consistency and precedent. Ultimately, the provision is central in ensuring that the Canadian legal system remains fair, just, and impartial.

STRATEGY

Section 695(1) of the Criminal Code of Canada allows the Supreme Court of Canada to make any order necessary to give effect to its judgment. The provision can be useful to both the prosecution and the defense in criminal appeals. However, it can also present strategic considerations. Understanding the implications of this section of the Criminal Code is critical when devising an appellate strategy. One strategy that can be employed is to focus on convincing the Supreme Court of Canada to exercise its broad discretion to make orders necessary to give effect to its judgment. The Supreme Court of Canada has wide powers to make such orders, including setting aside a conviction and entering an acquittal, or ordering a new trial. The defense can use this provision to argue that a new trial is necessary to address any reasonable doubt that might have influenced the jury's verdict. Similarly, the prosecution can use this provision to argue that the evidence supports a conviction and that no new trial is needed. This strategy emphasizes the importance of framing the legal arguments in a way that highlights the need for the Supreme Court of Canada to make orders beyond setting aside the lower court's decision. Another strategy is to argue that the lower court made a mistake of law, and therefore, the Supreme Court of Canada needs to make an order to correct the mistake. This could be an argument that the trial judge gave an incorrect legal instruction to the jury, or the prosecutor made a mistake on an evidentiary matter, which misled the jury. The goal is to persuade the Supreme Court of Canada that the lower court's decision was flawed and that an order is necessary to rectify the mistake. A third strategy is to rely on section 695(1) as a safety net or a fallback position if other legal arguments fail. A party may argue, for example, that the lower court decision was correct, but if the Supreme Court disagrees, it should use its powers under section 695(1) to correct any errors. This strategy acknowledges the uncertainty of litigation and the need to prepare for all possible outcomes. In conclusion, section 695(1) of the Criminal Code of Canada offers both the defense and the prosecution a range of strategic options in appellate litigation. Parties may use this section to argue for an order that sets aside the lower court's decision, orders a new trial, corrects any errors of law, or acts as a safety net. Understanding the implications of this provision and devising a strategic legal argument that makes use of its broad powers can help parties maximize their chances of success.