INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the process for an appeal court to dismiss or vacate an order made by a justice and make a new order if necessary.
SECTION WORDING
818(2) On the hearing of an application under this section, the appeal court, after giving the appellant and the respondent a reasonable opportunity to be heard, shall (a) dismiss the application; or (b) if the person applying for the review shows cause, allow the application, vacate the order made by the justice and make the order that in the opinion of the appeal court should have been made.
EXPLANATION
Section 818(2) of the Criminal Code of Canada outlines the procedures that must be followed when an individual or organization seeks to appeal an order made by a justice. This section serves as a safeguard against unjust orders and ensures that the appeals process is fair and impartial. When an application is made under this section, the appeal court is required to hear from both the appellant and the respondent before deciding whether to allow the appeal or dismiss the application. If the court determines that the person seeking the review has shown cause, it may vacate the original order made by the justice and make a new order that reflects the opinion of the appeal court. The purpose of this section is to ensure that the appeals process is accessible to anyone who believes that they have been subjected to an unjust order. It provides a clear and transparent framework for the appeals process, ensuring that decisions are based on fair and impartial assessments of the facts. Overall, Section 818(2) is an important part of the Criminal Code of Canada, helping to ensure that the justice system operates fairly for all individuals and organizations involved.
COMMENTARY
Section 818(2) of the Criminal Code of Canada outlines the process for an appeal of a court order made by a justice. The section is an important safeguard in the criminal justice system as it allows for a review of a decision made by a lower court to ensure that justice is served. The section also lays out the responsibility of the appeal court and the criteria it should consider in reaching a decision. The first step in the process outlined in section 818(2) is the filing of an application for review. This is typically done by the appellant, who is the person seeking to have the decision of the justice overturned. The application must be made within a reasonable time frame and must show cause for why the decision of the justice should be vacated. Once an application has been filed, the appeal court must give the appellant and the respondent a reasonable opportunity to be heard. This means that both sides are given the chance to present their arguments and evidence in front of the court. This is an important part of the process as it ensures that both parties have a fair hearing and that all evidence is considered before a decision is made. After hearing from both sides, the appeal court has two options. The first option is to dismiss the application, which means that the decision of the justice will stand. The second option is to allow the application and vacate the order made by the justice. In this case, the appeal court must make the order that, in its opinion, should have been made by the justice. This ensures that justice is served and that the correct decision is made based on all available evidence. One of the most important aspects of section 818(2) is the criteria that the appeal court must consider in making its decision. The section does not provide a strict set of rules for the appeal court to follow, but rather sets out some guiding principles that should be taken into account. These principles include the interests of justice, the seriousness of the offence, the availability of other remedies, and any other relevant factors. The importance of these principles cannot be overstated. They ensure that the appeal court looks at the case as a whole and considers all relevant factors before making a decision. This is crucial in ensuring that justice is served and that the correct decision is made based on all available evidence. Overall, section 818(2) is an important part of the Criminal Code of Canada. It provides a safeguard against unjust or incorrect decisions made by lower courts and outlines the process for appealing these decisions. The section also ensures that the appeal court considers all relevant factors before making its decision, which is crucial in ensuring that justice is served.
STRATEGY
Section 818(2) of the Criminal Code of Canada provides a mechanism for individuals who have had an order made against them by a justice of the peace to have that order reviewed by an appeal court. This section is of particular importance to individuals who have been subject to a peace bond or a restraining order, as such orders can have significant implications for their daily lives. In order to effectively deal with this section of the Criminal Code, there are several strategic considerations that individuals should take into account. Firstly, it is important for individuals to understand the grounds on which an appeal court will allow an application to review an order made by a justice of the peace. According to section 818(2), the person making the application must show cause, which means they must provide sufficient evidence to demonstrate that the order made by the justice was incorrect or unjust. This may require gathering evidence, such as witness statements or medical records, to support the application. As such, individuals should carefully consider the evidence they have at their disposal before making an application for review. Secondly, it is important for individuals to seek the advice of a lawyer before making an application under this section of the Criminal Code. A lawyer can provide valuable guidance regarding the strength of an individual's case and the likelihood of success on appeal. They can also provide advice on the specific procedures involved in making an application under this section, including timelines and filing requirements. Thirdly, individuals should be prepared to present their case effectively before the appeal court. This may involve developing a persuasive argument, identifying key points of evidence, and anticipating potential objections from the respondent. It may also involve retaining the services of a skilled and experienced lawyer to represent them in court. Fourthly, individuals should consider the potential implications of pursuing a review of an order made by a justice. For example, if the review is unsuccessful, there may be negative consequences, such as the imposition of additional conditions or the extension of the order. As such, individuals should carefully weigh the potential benefits and risks before proceeding with an application under this section. In terms of strategies that could be employed when dealing with this section of the Criminal Code, one key strategy is to carefully gather and present evidence in support of the application for review. This may involve interviewing key witnesses, obtaining medical or psychological reports, and gathering documentary evidence to support the application. Individuals should also be prepared to present their case persuasively before the appeal court, highlighting key points of evidence and anticipating potential objections. Another strategy is to work closely with a skilled and experienced lawyer to develop a strong case and navigate the complexities of the legal process. A lawyer can provide valuable advice on the strength of an individual's case and help them prepare for the hearing. They can also help to identify potential sources of evidence and craft persuasive legal arguments. Overall, dealing with section 818(2) of the Criminal Code of Canada requires careful planning, effective preparation, and skilled representation. By taking into account the strategic considerations outlined above and employing the right strategies, individuals can increase their chances of successfully challenging an order made by a justice of the peace and achieving a more favorable outcome.