section 730(3)


730(3) Where a court directs under subsection (1) that an offender be discharged of an offence, the offender shall be deemed not to have been convicted of the offence except that (a) the offender may appeal from the determination of guilt as if it were a conviction in respect of the offence; (b) the Attorney General and, in the case of summary conviction proceedings, the informant or the informants agent may appeal from the decision of the court not to convict the offender of the offence as if that decision were a judgment or verdict of acquittal of the offence or a dismissal of the information against the offender; and (c) the offender may plead autrefois convict in respect of any subsequent charge relating to the offence.