INTRODUCTION AND BRIEF DESCRIPTION
Section 812(1) defines the term appeal court in different provinces and territories for the purposes of sections 813 to 828.
SECTION WORDING
812(1) For the purposes of sections 813 to 828, "appeal court" means (a) in the Province of Ontario, the Superior Court of Justice sitting in the region, district or county or group of counties where the adjudication was made; (b) in the Province of Quebec, the Superior Court; (c) in the Provinces of Nova Scotia and British Columbia, the Supreme Court; (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench; (f) in the Province of Prince Edward Island, the Trial Division of the Supreme Court; (g) in the Province of Newfoundland, the Trial Division of the Supreme Court; (h) in Yukon and the Northwest Territories, a judge of the Supreme Court; and (i) in Nunavut, a judge of the Nunavut Court of Justice.
EXPLANATION
Section 812(1) of the Criminal Code of Canada provides an essential definition for the appeals process in criminal cases. This section lays out the definition of an "appeal court," which is the court where a person or group of people can take their case if they want to appeal the decision of the original court. The section lists out the courts that qualify as an appeal court within their respective provinces, territories, and regions. These courts are the Superior Court of Justice in Ontario, the Superior Court in Quebec, the Supreme Court in British Columbia and Nova Scotia, and the Courts of Queen's Bench in New Brunswick, Manitoba, Saskatchewan, and Alberta. The Trial Division of the Supreme Court in Prince Edward Island and Newfoundland, a judge of the Supreme Court in Yukon and the Northwest Territories, and a judge of the Nunavut Court of Justice in Nunavut are also listed. This section is vital in outlining the appeals process and ensuring individuals have an avenue to challenge erroneous decisions made by lower courts or at trials. The appeals process is essential in upholding justice, ensuring due process, and maintaining the integrity of the Canadian legal system. By defining what courts qualify as appeal courts, this provision helps ensure that appeals are properly heard and considered while ensuring consistency and fairness. It highlights Canada's commitment to protecting the rights of individuals and providing access to justice for all.
COMMENTARY
Section 812(1) of the Criminal Code of Canada is a crucial provision that defines the term "appeal court" for the purposes of sections 813 to 828. This definition is significant as it helps determine which court may hear and decide appeals from certain lower courts in criminal matters. The provision outlines which court should be considered as the appeal court in each province and territory across Canada. The definition of appeal court varies depending on the jurisdiction but usually, it is a higher court that has jurisdiction to hear appeals from lower courts. For example, in the province of Ontario, the Superior Court of Justice sitting in the region, district, or county, where the adjudication was made, is considered as the appeal court. Similarly, in the province of Quebec, the Superior Court plays the same role. In the Provinces of Nova Scotia, British Columbia, New Brunswick, Manitoba, Saskatchewan, and Alberta, the Court of Queen's Bench is the appeal court. The Trial Division of the Supreme Court in Prince Edward Island and Newfoundland is the appeal court in those provinces. In the Northwest Territories and Yukon, appeals are heard by judges of the Supreme Court, and in Nunavut, appeals are heard by judges of the Nunavut Court of Justice. Overall, the provision provides a clear definition of the appeal court in every province and territory for the purposes of hearing criminal appeals. The provision also highlights the importance of the appellate process in the Canadian criminal justice system. The right to appeal is one of the fundamental tenets of the criminal justice system as it provides an accused person with an opportunity to challenge a decision made by a lower court. This ensures that the accused person's rights are protected and justice is served. It is important to note that the appellate process is a complex and time-consuming process. Appeals involve a significant amount of legal work, including the preparation of appeal books, written submissions, and oral arguments. In some cases, appeals may take years to resolve, which can prolong the stress and anxiety for those involved in the case. Therefore, it is essential that the appellate process is managed efficiently and effectively to ensure timely and fair access to justice. Furthermore, the provision also highlights the diversity of the Canadian criminal justice system. Canada is a country with diverse legal systems, such as the common law system in most provinces and territories, and the civil law system in Quebec. As such, different provinces and territories have different appeal courts. However, this provision ensures that the appellate process is consistent and fair across the country, regardless of the legal system in place. It also ensures that access to justice is available across the country, regardless of location or legal system. In conclusion, Section 812(1) of the Criminal Code of Canada is a critical provision that defines the term "appeal court" for the purposes of sections 813 to 828. It outlines which court should be considered the appeal court in each province and territory across Canada and emphasises the importance of the appellate process in the Canadian justice system. The provision also highlights the diversity of the Canadian criminal justice system and the importance of consistency in the appellate process to ensure access to justice.
STRATEGY
Section 812(1) of the Criminal Code of Canada specifies the appellate courts for the purposes of sections 813 to 828. The section is especially relevant in Canada's criminal justice system, where appeals play a major role in correcting legal errors and ensuring that justice is served. There are several strategic considerations to keep in mind when dealing with this section of the Criminal Code of Canada. One of the most important strategic considerations is selecting the right appellate court. Depending on the jurisdiction, the options range from the Trial Division of the Supreme Court to a judge of the Nunavut Court of Justice. The choice of court can have a significant impact on the outcome of the appeal. Therefore, it is important to understand the strengths and weaknesses of each appellate court. Another strategic consideration is the timing of the appeal. Section 812(1) specifies the appellate courts, but it does not provide a timeline for filing an appeal. In general, the deadline for filing an appeal is within 30 days of the decision being appealed. However, there may be circumstances where it is advisable to wait and file the appeal later. The grounds for appeal are also a critical strategic consideration. Section 812(1) is only one piece of the puzzle, as there are many other grounds for appeal specified in the Criminal Code. The grounds for appeal can include errors in law, errors in fact, or a miscarriage of justice. It is important to carefully review the facts of the case and identify any potential grounds for appeal. A key strategy in dealing with Section 812(1) is to work with experienced legal counsel. Lawyers who specialize in criminal law and appellate practice have the knowledge and experience to navigate the complex procedural and substantive issues that arise in appeals. They can help litigants choose the right appellate court, file the appeal within the appropriate timeframe, and identify the most effective grounds for appeal. Overall, Section 812(1) of the Criminal Code of Canada is an important provision for litigants seeking to appeal a criminal conviction or sentence. When dealing with this section, it is crucial to consider the strategic implications of selecting the right appellate court, timing the appeal, and identifying the appropriate grounds for appeal. By working with experienced legal counsel, litigants can improve their chances of success and achieve the best possible outcome in their appeal.