INTRODUCTION AND BRIEF DESCRIPTION
An application for leave to appeal is considered an appeal under this section.
SECTION WORDING
719(6) An application for leave to appeal is an appeal for the purposes of this section.
EXPLANATION
Section 719(6) of the Criminal Code of Canada serves as a provision for appeals in criminal cases. It states that an application for leave to appeal is considered an appeal under this section. An application for leave to appeal can be made by a defendant after they have been convicted and sentenced. If the defendant believes that there was an error or injustice in their trial, they can make an appeal to a higher court. However, before they can appeal, they must first obtain leave or permission from the court. Under the Criminal Code of Canada, leave to appeal can only be granted in limited circumstances. For example, the appellant must show that there was an error of law or a miscarriage of justice in the trial. In addition, they must demonstrate that the appeal has a reasonable chance of success. Therefore, section 719(6) clarifies that an application for leave to appeal is considered an appeal for the purpose of this section. This means that the rules and requirements that apply to appeals also apply to applications for leave to appeal. Overall, section 719(6) helps to ensure fairness and consistency in the appeals process in criminal cases. It ensures that all appeals are subject to the same rules and requirements, regardless of whether they are a direct appeal or an application for leave to appeal.
COMMENTARY
Section 719(6) of the Criminal Code of Canada plays a significant role in the Canadian criminal justice system. It states that an application for leave to appeal is considered an appeal for all purposes under this section. In other words, an application for leave to appeal is treated as an appeal itself. This section is important because it allows individuals to challenge a decision made by the lower courts. If they feel that the decision was incorrect, they can apply for leave to appeal to the higher courts and have the decision reviewed once again. This process ensures that justice is properly served, and the rights of individuals are protected. Furthermore, this provision is an integral part of the appeal process as it ensures that individuals have access to justice. It entitles them to approach the higher courts even if they are not granted the right to a full appeal. This is particularly important when the matter involves issues of fundamental justice, such as the right to a fair trial. Section 719(6) also aims to prevent wrongful convictions by providing an additional opportunity for the evidence to be analyzed. It ensures that the evidence is thoroughly reviewed and scrutinized by the higher courts to ensure that justice is served. It is well established in Canadian law that wrongful convictions undermine public confidence in the justice system and can have devastating consequences for the accused. Moreover, the provision of treating leave to appeal applications as appeals adds to the efficiency of the Canadian legal system. It allows the courts to handle a larger volume of cases while ensuring fairness is served. Without this provision, the courts would be overburdened with cases and may not have been able to keep up with the demands of justice. However, some critics argue that this provision may delay the resolution of criminal cases. They claim that it adds an additional layer of bureaucracy, which may lead to further delays. It may also increase the costs of litigation, and make it harder for individuals who do not have the financial resources to access the justice system. In conclusion, Section 719(6) of the Criminal Code of Canada is an important provision that plays a vital role in ensuring that justice is served. It allows individuals to challenge decisions made by lower courts and provides an additional opportunity to analyze evidence, which can prevent wrongful convictions. Although it may have its drawbacks, the provision is necessary in ensuring the transparency and fairness of the Canadian criminal justice system.
STRATEGY
Section 719(6) of the Criminal Code of Canada is an essential provision that outlines the processes for appealing a conviction or a sentence in criminal proceedings. This section provides that an application for leave to appeal is treated as an appeal for the purposes of this section. Thus, it enables appellants to seek permission to appeal from the Court of Appeal, which is necessary before any appeal can be heard. In this article, we will discuss some of the strategic considerations when dealing with this section of the Criminal Code of Canada, as well as some strategies that can be employed. One of the primary strategic considerations when dealing with this section is to ensure that any appeal filed meets the criteria for leave to appeal. Section 719(1) of the Criminal Code of Canada stipulates that an appeal can only be lodged if there is a question of law involved or if a significant miscarriage of justice occurred. These two criteria are critical to the success of any appeal application. An appellant must, therefore, ensure that their grounds of appeal are based on either a question of law or evidence supporting a miscarriage of justice. Failure to meet these criteria could lead to the dismissal of the application for leave to appeal, resulting in considerable costs and wasted time. Another strategy is to prepare a strong and concise written argument. Against the backdrop that there is no oral argument in an application for leave to appeal, appellants must prepare a comprehensive written argument. This argument should be succinct, persuasive, and grounded in the law. It should address each ground of appeal concisely, including relevant case law and statutes. A well-crafted written argument can significantly increase an appellant's chances of being granted leave to appeal. The appellant's timing is another critical strategic consideration when dealing with this section. Section 683 of the Criminal Code of Canada stipulates that an application for leave to appeal must be filed within 30 days of the conviction or sentence. Therefore, time is of the essence in such appeals. Appellants must file their application for leave to appeal as soon as possible after a conviction or sentence is pronounced, to ensure that they do not miss the deadline. Another strategy that can be employed when dealing with Section 719(6) is to engage the services of an experienced criminal lawyer. A skilled lawyer can help appellants prepare a strong and compelling written argument that addresses the key grounds of appeal effectively. Moreover, a competent lawyer can help appellants understand the intricacies of the law and the appeals process and devise the best course of action. In conclusion, Section 719(6) of the Criminal Code of Canada is an essential provision that outlines the procedures for appealing a conviction or sentence in criminal proceedings. It provides for an application for leave to appeal to be treated as an appeal for the purposes of this section. Some strategic considerations when dealing with this section include ensuring that the appeal meets the criteria for leave to appeal, writing a strong and concise argument, timing the application appropriately, and engaging a competent criminal lawyer. By employing these strategies, appellants can strengthen their chances of success in applying for leave to appeal.