section 745.62(2)

INTRODUCTION AND BRIEF DESCRIPTION

Appeals shall be decided based on the documents presented to the initial judge or Chief Justice.

SECTION WORDING

745.62(2) The appeal shall be determined on the basis of the documents presented to the Chief Justice or judge who made the determination or decision, any reasons for the determination or decision and any other documents that the Court of Appeal requires.

EXPLANATION

Section 745.62(2) of the Criminal Code of Canada outlines the process for appeals in cases where a person has been sentenced to death. This section of the Code establishes that the appeal will be determined based on the documents presented to the Chief Justice or judge who made the original determination or decision, along with any reasons for that determination or decision. Additionally, the Court of Appeal may require other documents as deemed necessary. In sentences that could result in the death penalty, the right to appeal is crucial, as it provides a mechanism for ensuring that justice has been served and that the sentence is not unjustly imposed. Appeals in these cases involve a rigorous review of the evidence and the law, and the appellant must provide a convincing argument that the original judgment was in error. This section of the Criminal Code establishes the standard for the determination of appeals in death penalty cases, ensuring that all relevant documents are considered and that the appeals process is conducted fairly. Overall, Section 745.62(2) plays a crucial role in the administration of justice in Canada by outlining the process for determining appeals in cases involving the death penalty. It ensures that all relevant documents are considered in the appeal process, allowing for a fair and impartial review of the original determination or decision. This section of the Criminal Code reflects the importance of the right to appeal in ensuring that justice is served, even in the most serious of cases.

COMMENTARY

Section 745.62(2) of the Criminal Code of Canada specifies the process for determining appeals in criminal cases. This section outlines that appeals in criminal cases will be based wholly on the evidence presented to the Chief Justice or Judge who made the initial determination or decision. Additionally, it requires that any other documents that the Court of Appeal deems necessary be considered as part of the appellate process. The section clearly outlines the process for determining appeals in criminal cases. It ensures that the evidence presented at the original trial is the basis for any subsequent appeals, thus ensuring that defendants are not unfairly treated or disadvantaged by new evidence that was not considered during the original trial. This ensures a fair and equitable appellate process for all parties involved. Furthermore, the section ensures that the Court of Appeal has access to any and all relevant documents that may be necessary to determine the appeal. Given that criminal trials can often involve complex issues, it is imperative that the appellate process is as comprehensive as possible. The ability to access and consider additional evidence ensures that the Court of Appeal can make a well-informed and thoroughly considered decision. However, it is important to note that the section has some limitations. Firstly, it only applies to evidence that was presented to the initial decision-maker. This means that any evidence that was not considered during the initial trial may be overlooked in the appellate process. Moreover, the section does not explicitly require that any new evidence be considered during the appeal. While this may not be problematic in many cases, it can limit the court's ability to make a fully informed decision. Overall, section 745.62(2) of the Criminal Code of Canada provides a clear framework for determining appeals in criminal cases. By relying on the evidence presented during the original trial, it ensures that the appellate process is fair and equitable for all parties involved. However, given the inherent complexity of criminal trials and the potential for new evidence to emerge, it may be beneficial to broaden the scope of evidence that can be considered during appellate proceedings.

STRATEGY

Section 745.62(2) of the Criminal Code of Canada lays out the guidelines for appeal determinations in criminal cases. It is an important provision in Canadian law, as it impacts how appeals are handled and how the legal system ensures that justice is served. For parties involved in a criminal case, there are several strategic considerations to keep in mind when dealing with this provision. Firstly, one consideration is the evidence presented to the Courts. Since the basis of the appeal will be determined on the documents presented, it is crucial to ensure that all relevant documents and evidence are submitted. Parties should carefully evaluate and weigh the evidence before submitting it to the court. They should also ensure that the evidence is gathered in compliance with the law and that they do not omit any material that could affect the appeal's outcome. Another consideration is presenting convincing reasons and arguments to support the appeal. In a criminal case, the appellants must convince the Court of Appeal that there has been a miscarriage of justice. This means providing detailed and compelling reasons why the original conviction or sentence was erroneous. Appellants must also prepare a strong legal argument to support their reasons and convince the appellate court to rule in their favour. For this, the help of experienced and knowledgeable lawyers is crucial in preparing and presenting the appeal. A strategic approach is also necessary when dealing with the Court of Appeal's decision-makers. Before the appeal process, the appellants need to determine the judges and justices presiding over the hearing. The choice of justices can be strategic; it is essential to choose judges who may be more inclined to rule in favour of the appellants. Therefore, significant research and study of the justices' past judgments, background, and ideologies are necessary for effective decision-making. One more consideration when dealing with this section of the Criminal Code is understanding the timing of the appeal. Appeals must be filed promptly, and delay can affect the court's decision. Therefore, the parties involved must keep track of the time limit to file an appeal and start the legal process as soon as possible. Building a strong timeline in the appeal process and adhering to it is critical to the success of your appeal. In conclusion, the goal of any appeal process in criminal law is to ensure that the right decision is made and that justice is served. Therefore, it is crucial to approach the appeal process strategically. This involves gathering all necessary evidence, presenting compelling reasons, and arguments, and selecting experienced lawyers. It also involves carefully selecting justices, adhering to timelines, representing yourself professionally, and preparing yourself mentally for the cumbersome and potentially gruelling process. By adopting these strategic approaches, you increase your chances of winning your appeal and getting the justice that you deserve.