INTRODUCTION AND BRIEF DESCRIPTION

Upon receiving an appeal application, the appeal court must schedule a hearing date and provide necessary directions for expediting the appeal after giving the prosecutor an opportunity to be heard.

SECTION WORDING

819(2) On receiving an application under subsection (1), the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, fix a date for the hearing of the appeal and give such directions as it thinks necessary for expediting the hearing of the appeal.

EXPLANATION

Section 819(2) of the Criminal Code of Canada outlines the procedure for an appeal court to follow after receiving an application under subsection (1). This section establishes that the appeal court is required to give the prosecutor a reasonable opportunity to be heard before fixing a date for the hearing of the appeal. The prosecutor's input is important as they represent the interests of the Crown and are responsible for upholding the principles of justice. Once the prosecutor has been given an opportunity to provide their input, the appeal court must then fix a date for the hearing of the appeal. This date is significant as it establishes when the appeal will be heard, and prepares both the appellant and the Crown for the upcoming hearing. The appeal court is required to give such directions as it thinks necessary to expedite the hearing of the appeal. Overall, section 819(2) emphasizes the importance of ensuring that both the appellant and the Crown are given an opportunity to be heard and prepare adequately for the hearing of the appeal. This helps to uphold the principles of justice and ensure that the appeal is heard in a timely manner. By providing clear guidelines for the appeal court to follow, section 819(2) helps to uphold the integrity of the judicial process and maintain public trust in the justice system.

COMMENTARY

Section 819(2) of the Criminal Code of Canada is an important provision that outlines the process for appealing a conviction or sentence in a criminal case. The section sets out the requirements for submitting an application for appeal and provides guidance for the appeal court on how to proceed. One of the key features of this provision is the requirement for the appeal court to provide the prosecutor with a reasonable opportunity to be heard before fixing a date for the hearing of the appeal. This provision is essential in ensuring that the prosecution has an adequate opportunity to present its case and respond to the arguments made by the appellant. This provision also ensures that the appeal process is fair and transparent, as both parties are given the opportunity to present their arguments and evidence before the appeal court. Another important aspect of this provision is that it allows the appeal court to give directions as it thinks necessary for expediting the hearing of the appeal. This provision gives the appeal court broad powers to manage the appeal process and ensure that the appeal is heard in a timely and efficient manner. This is particularly important in criminal cases where the accused may be facing significant penalties, including incarceration. It is noteworthy that Section 819(2) does not set out any specific timeline for when the appeal must be heard. This is because the appeal court must consider all of the circumstances of the case, including the complexity of the legal issues, the amount of evidence to be considered, and the availability of the parties and the court. However, the provision does emphasize the importance of expediting the hearing of the appeal, which highlights the significance of timely justice delivery. Overall, Section 819(2) is a critical provision of the Criminal Code of Canada that promotes fairness and efficiency in the criminal justice system. By providing guidelines for the appeal court on how to manage the appeal process and ensuring that both the prosecution and defense have an opportunity to present their case, it strives to enhance the integrity of the criminal justice system and guarantee access to justice for all.

STRATEGY

Section 819(2) of the Criminal Code of Canada gives the appeal court the responsibility of fixing a date for the hearing of the appeal and providing necessary directions for an expedited hearing. This section highlights the importance of having a strategic approach when dealing with appeals in the criminal justice system. Some strategic considerations when dealing with this section are discussed below. One of the first strategic considerations is to carefully assess the grounds of appeal. The appellant needs to establish that the decision was either unreasonable, unsupported by the evidence or burden of proof, or that there was an error of law or fact. An experienced and skilled criminal defense lawyer is essential in this scenario to identify the strongest grounds for appeal. Another key strategic consideration is to ensure that all deadlines and procedures are followed. This includes filing the appeal within the statutory timeline, adhering to the format and procedural guidelines as provided in the rules of court, and filing all necessary documents on time. Failure to do so can result in the appeal being dismissed without the court ever hearing the substantive arguments. A third strategic consideration is to assess disclosure requirements carefully. The prosecution has a positive disclosure obligation that requires them to disclose all relevant material to the defense. Counsel should ensure that all relevant documents that can aid the appeal are obtained and that the defense has an opportunity to respond. Fourthly, accused persons should consider the selection of the legal team to represent them. A criminal defense lawyer with expertise and experience in the particular type of appeal to be launched can help increase the likelihood of success. The lawyer's ability to articulate nuanced and complex legal arguments is a key consideration, and potential appellants should ensure that they retain a firm with an excellent track record in appeal cases. Fifthly, setting realistic expectations is critical. Criminal appeals can be challenging, time-consuming, and costly. It's important to set realistic expectations for success and to consider factors such as quality of evidence and strength of legal argument when determining the likelihood of success. Sixth, access to legal funding is also a critical strategic consideration. Legal aid is not always available to cover the costs of criminal appeals, particularly if it involves lengthy proceedings or complex legal issues. It's essential to discuss legal costs with the defense counsel and ensure that the appellant can fund legal proceedings to the end. Finally, a reliable strategy is to engage in open communication with all parties involved. The appellant's counsel should make every effort to maintain a professional relationship with the court and the prosecution and communicate effectively with other members of the defense team. This strategy can help ensure that the appeal process runs smoothly and is respectful to all parties involved. In conclusion, an effective appeal strategy requires careful assessment of grounds for appeal, adherence to deadlines and procedural requirements, careful consideration of disclosure issues, hiring the right legal team, setting realistic expectations, accessing legal funding, and maintaining open communication with the court and the prosecution. With an effective strategy, one can increase the likelihood of success in appealing a criminal conviction.