INTRODUCTION AND BRIEF DESCRIPTION
This section states that the prosecutor must appear in person or by counsel at the appeal court sittings where the appeal will be heard.
SECTION WORDING
817(2) The condition of an undertaking or recognizance given or entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.
EXPLANATION
Section 817(2) of the Criminal Code of Canada lays down the terms and conditions of an undertaking or recognizance, which a prosecutor may have to give in a criminal case. This section expects the prosecutor to make a personal appearance or be represented by a lawyer during the appeal hearing in the superior court. In a criminal case, the prosecutor represents the government and is responsible for presenting evidence against the accused party. After a conviction, the accused party may file an appeal to the superior court, where the prosecutor must also participate and argue in favor of the lower court's decision. This is where section 817(2) applies. The purpose of this section is to ensure that the prosecutor cannot evade legal accountability by failing to appear before the appeal court. The prosecutor's appearance shows that they stand by their case and keep their word. They cannot simply file charges and then abscond when the case is reversed or overturned in the appellate court. A breach of section 817(2) can lead to serious legal consequences for the prosecutor, as they can be held in contempt of court, leading to fines or even imprisonment. Prosecutors have a compelling duty to uphold the rule of law, and a failure to appear before the appeal court goes against this essential duty. In conclusion, section 817(2) of the Criminal Code of Canada is a crucial component that reinforces a prosecutor's legal obligation to be present during criminal appeal hearings. The law is necessary to ensure fairness and uphold justice while also holding prosecutors accountable for their actions.
COMMENTARY
Section 817(2) of the Criminal Code of Canada outlines a condition that must be adhered to when an undertaking or recognizance is given or entered into. This section requires the prosecutor to appear personally or by counsel at the appeal court sittings where the appeal is to be heard. The purpose of this section is to ensure that the prosecutor is present during the appellate proceedings. Typically, an undertaking or recognizance is given by an accused person when they are released from custody on certain conditions. One of these conditions is typically that the accused person attend their court hearings, and adhere to any other conditions imposed by the court, such as not contacting the victim or remaining within a certain geographical area. A prosecutor's role is to present the Crown's case and to represent the public interest in a criminal proceeding. They work in collaboration with the police to determine whether there is enough evidence to lay charges, and then continue to represent the Crown throughout the court proceedings. In the event that an appeal is filed, the prosecutor must be present to ensure that the Crown's case is adequately represented and that justice is served. If the prosecutor fails to appear at the appeal court sittings where the appeal is to be heard, it could result in the appeal being dismissed and the accused person being released from any remaining conditions. Given the significant role that prosecutors play in criminal proceedings, it is crucial that they are present at every stage of the process. They represent the interests of the Crown as well as the broader public, and their presence at an appeal hearing is essential to ensuring that the judicial system functions properly. It should be noted that Section 817(2) does not apply in all cases. It only applies to undertakings or recognizances that are given or entered into under this section. This section applies to appeals heard in the appeal court, and not to applications that may be made to a lower court. In conclusion, Section 817(2) is an important provision of the Criminal Code of Canada that ensures that the prosecutor is present during the appellate proceedings. This section serves to guarantee that the justice system works effectively and efficiently, and that the interests of the Crown and the broader public are appropriately represented. While this section may seem minor, it plays an essential role in ensuring justice is done.
STRATEGY
Section 817(2) of the Criminal Code of Canada outlines the condition of an undertaking or recognizance given in relation to an appeal. Essentially, this section requires that the prosecutor appear in court at the sittings of the appeal court in order to argue the case. This provision has a number of strategic considerations that should be taken into account when dealing with criminal cases. One of the most significant considerations is the timing of the appeal itself. Since the prosecutor is required to appear at the sittings of the appeal court, it is important to consider whether there are any scheduling conflicts or other issues that could prevent them from being able to attend. This is particularly important if there are other cases or commitments that the prosecutor is working on at the same time, as they may need to prioritize their workload and allocate their resources accordingly. Another consideration is the strength of the prosecutor's case. If the prosecutor has a strong case with significant evidence and legal arguments, then they may be more confident about their ability to successfully argue the case in front of the appeal court. However, if the case is weaker or the evidence is more circumstantial, then the prosecutor may need to be more strategic in how they approach the appeal in order to make the best use of their resources and increase their chances of success. One potential strategy that the prosecutor may employ when dealing with Section 817(2) is to work closely with the appellate court in order to understand their expectations and requirements. This could involve meeting with the appellate judges or justices prior to the hearing in order to discuss the case, review the evidence, and ask questions about the process. By doing so, the prosecutor can gain a better understanding of what is expected of them and how they can best prepare for the hearing in order to maximize their chances of success. Another potential strategy is to engage in thorough preparation and research in advance of the hearing. This may involve reviewing previous cases and rulings, consulting with legal experts or colleagues, and conducting detailed research on the legal and factual issues that are likely to come up during the appeal. By doing so, the prosecutor can ensure that they are fully prepared for the hearing and have a strong understanding of the legal and factual issues at stake. Overall, Section 817(2) of the Criminal Code of Canada presents a number of important strategic considerations for prosecutors dealing with criminal appeals. By carefully considering these issues and employing a range of effective strategies, such as working closely with the appellate court and engaging in thorough preparation and research, prosecutors can maximize their chances of success and achieve the best possible outcome for their clients.