Criminal Code of Canada - section 812(2) - When appeal court is Court of Appeal of Nunavut

section 812(2)

INTRODUCTION AND BRIEF DESCRIPTION

A judge of the Court of Appeal of Nunavut handles appeals from summary conviction court decisions made by a Nunavut Court of Justice judge.

SECTION WORDING

812(2) A judge of the Court of Appeal of Nunavut is the appeal court for the purposes of sections 813 to 828 if the appeal is from a conviction, order, sentence or verdict of a summary conviction court consisting of a judge of the Nunavut Court of Justice.

EXPLANATION

Section 812(2) of the Criminal Code of Canada specifies the role of the Court of Appeal of Nunavut as the appeal court in cases of summary conviction court proceedings that include a judge of the Nunavut Court of Justice. Summary conviction courts are lower level courts that handle less serious criminal cases, such as minor assaults and property offences. If a defendant is convicted, sentenced, or ordered to pay a fine or other penalty in a Nunavut summary conviction court, they have the right to appeal the decision. In such cases, the appeal would be heard by a judge of the Court of Appeal of Nunavut. This process allows for a higher court to review the decision made in the lower court and potentially overturn it if it is found to be unjust or based on errors in law. This section of the Criminal Code highlights the importance of ensuring that individuals have access to a fair and impartial justice system. By allowing for appeals, it provides an opportunity for individuals who may have been unfairly convicted to have their case reviewed and potentially receive justice. Additionally, it ensures that all parties involved in the legal process are held accountable for their actions and decisions. Overall, Section 812(2) plays a crucial role in ensuring that the legal system in Nunavut is fair and just for all individuals involved.

COMMENTARY

The Criminal Code of Canada sets out the criminal offences and procedures that are used in Canadian courts. It also outlines the jurisdiction of different levels of courts and the appeals process that follows a conviction or sentence. Section 812(2) of the Criminal Code of Canada deals with the appeals process for summary conviction courts in Nunavut. A summary conviction court is a lower court that deals with less severe criminal offences and has the power to impose shorter sentences than the higher level courts. In Nunavut, the summary conviction court consists of a judge of the Nunavut Court of Justice. If a person is convicted, ordered, sentenced, or faced with a verdict from the summary conviction court in Nunavut, they have the right to appeal their case. Section 812(2) specifies that the Court of Appeal of Nunavut is the appeal court for the purposes of sections 813 to 828. The role of an appeal court is to review the decisions made in lower courts to ensure that they were made fairly, according to the law, and that the principles of justice are upheld. During an appeal, a judge will examine the evidence presented in the original trial and assess whether or not the lower court's decision was reasonable based on that evidence. If the judge finds that the lower court's decision was flawed, they may either order a new trial or change the original verdict. The inclusion of section 812(2) is significant because it ensures that those who are convicted or sentenced in summary conviction courts in Nunavut have access to the same appeals process as those in other parts of Canada. It is important that everyone in Canada has equal access to justice, regardless of their location or status. The Court of Appeal of Nunavut is responsible for hearing and deciding appeals from Nunavut, one of Canada's three territories in the far north. The court is based in Iqaluit, the capital of Nunavut, and consists of a chief justice, two justices, and a registrar. While appeals from the summary conviction court make up a significant portion of its work, the court also handles appeals from higher level courts in Nunavut. Overall, section 812(2) of the Criminal Code of Canada is an important provision that helps to ensure access to justice for those facing charges in the summary conviction court in Nunavut. It ensures that the appeals process is consistent throughout Canada and provides a mechanism to help ensure that justice is done. The Court of Appeal of Nunavut plays a critical role in upholding the principles of justice in one of Canada's most remote regions.

STRATEGY

When dealing with Section 812(2) of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. One of the key strategies is to understand the role of the Court of Appeal of Nunavut in the appeal process. The Court of Appeal of Nunavut is the highest court in Nunavut, and it has the power to hear appeals from lower courts such as summary conviction courts. It is important to understand the appeals process and the procedures that need to be followed when appealing a conviction, order, sentence or verdict. This includes filing the appropriate documents within the required timelines, and ensuring that all relevant evidence is presented to the court. Another key strategy is to work with an experienced criminal defence lawyer who has extensive knowledge of the Criminal Code of Canada and the appeals process. A skilled lawyer can help defendants navigate the complexities of the appeals process, prepare and submit appropriate documents, and present their case persuasively before the court. When preparing to appeal a conviction, sentence, or verdict, it is important to carefully consider the grounds for the appeal. This could include errors made during the trial, improper application of the law, new evidence that was not considered during the trial, or other relevant factors. It is important to have a solid legal basis for the appeal, and to present this argument clearly and persuasively to the court. Another important strategy to consider is the potential outcomes of the appeals process. While the goal is often to have the conviction overturned or the sentence reduced, it is vital to consider the possible consequences of an unsuccessful appeal. This could include higher costs, longer imprisonment, or other undesirable outcomes. Overall, navigating the appeals process requires careful planning, a solid legal strategy, and close collaboration with a skilled criminal defence lawyer. With the right approach, those who have been convicted of a crime may be able to successfully appeal their case and receive a fair and just outcome.