Criminal Code of Canada - section 814(1) - Manitoba and Alberta

section 814(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines where appeals under section 813 should be heard in Manitoba and Alberta.

SECTION WORDING

814(1) In the Provinces of Manitoba and Alberta, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the cause of the proceedings arose, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

EXPLANATION

Section 814(1) of the Criminal Code of Canada sets out the jurisdictional rules for hearings of appeals under section 813 in Manitoba and Alberta. Specifically, this section stipulates that appeals must be heard at the nearest appeal court to where the proceedings arose. However, the judge of the appeal court does have the power to appoint another location for the hearing if one party to the appeal makes an application to do so. In practice, this section plays an important role in ensuring that appeals are heard fairly and impartially. By requiring appeals to be heard at a court closest to where the underlying proceedings took place, this section ensures that local knowledge and context are taken into account when making decisions. At the same time, the provision for the judge to appoint another location for the hearing on request means that the interests of the parties to the appeal can still be taken into account. Overall, section 814(1) is an important part of the Criminal Code of Canada's legal framework and helps to promote fairness and equity in the appeals process.

COMMENTARY

Section 814(1) of the Criminal Code of Canada deals with the procedure for hearing appeals in the Provinces of Manitoba and Alberta. This section states that an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the cause of the proceedings arose. However, the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal. This provision is significant because it provides a mechanism for appeals to be heard at an appropriate place. The location of the appeal hearing can be critical because it can impact the accessibility of parties and witnesses to the hearing, the cost of attending the hearing, and the ability of the court to properly evaluate evidence that is presented. By requiring that appeals be heard at the sittings of the appeal court nearest to the place where the cause of the proceedings arose, this provision ensures that appeals are heard in a location that is convenient for the parties involved. This can be particularly important in the context of criminal cases, where the accused may be unable to travel long distances to attend an appeal hearing. At the same time, however, this provision recognizes that there may be circumstances where it is appropriate to hold an appeal hearing in a different location. For example, it may be necessary to hold an appeal hearing in a different location if there are concerns about the safety of the parties or witnesses, or if there are logistical issues that make it difficult to hold the hearing in the designated location. Overall, this provision demonstrates the importance of ensuring that appeals are heard in a fair and reasonable manner. By providing for the possibility of holding an appeal hearing in a different location, this provision ensures that parties are able to participate in the appeal process in a way that is accessible and convenient for them. At the same time, it ensures that the court is able to properly evaluate the evidence and reach a just decision in the case.

STRATEGY

Section 814(1) of the Criminal Code of Canada specifies the rules for appealing a court decision in the provinces of Manitoba and Alberta. The provision establishes the procedure for where an appeal must be heard, and also provides for the possibility of an alternative location if requested by one of the parties. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be made. First and foremost, one must understand the importance of choosing the right location for the appeal. The location must be chosen carefully, as it can affect the outcome of the appeal. The location must be one that has a court that is equipped and capable of addressing the legal issues involved in the case. Furthermore, the location must be chosen based on the likelihood of success. The legal environment in the chosen location must also be taken into account. Another important consideration is the choice of lawyer. It is essential to have a lawyer who is experienced and knowledgeable in the areas of law relevant to the case. The chosen lawyer should also be familiar with the legal system and the court where the appeal will be heard. For the party seeking the appeal, it is important to submit all evidence and documentation to support their case. The evidence presented must be relevant to the legal issues, and it must be presented in a clear and concise manner. For the party opposing the appeal, it is important to review the case and identify any weaknesses in the evidence of the party seeking the appeal. The opposing party must also prepare a strong legal argument that can effectively counter the arguments presented by the party seeking the appeal. One strategic consideration that may arise is the decision to request an alternative location for the appeal. This could be done, for example, if one of the parties believes that the location specified in section 814(1) is not conducive to a fair hearing. In this case, the party must submit a formal application to the judge of the appeal court to request an alternative location. This application must be supported by a strong argument, and it must be made in a timely manner. In conclusion, there are several strategic considerations that must be made when dealing with section 814(1) of the Criminal Code of Canada. The choice of location for the appeal, the choice of lawyer, and the presentation of evidence are all crucial factors that can affect the outcome of an appeal. By making informed and strategic decisions, parties can increase their chances of success in the appeals process.