section 821(2)

INTRODUCTION AND BRIEF DESCRIPTION

An appeal cannot be dismissed solely because someone other than the appellant did not follow appeal procedures.

SECTION WORDING

821(2) An appeal shall not be dismissed by the appeal court by reason only that a person other than the appellant failed to comply with the provisions of this Part relating to appeals.

EXPLANATION

Section 821(2) of the Criminal Code of Canada is a provision that explains the circumstances in which a court can dismiss an appeal in a criminal case. The provision states that an appeal cannot be dismissed simply because a person other than the appellant failed to comply with the relevant provisions of Part XXI of the Criminal Code, which deals with appeals. This means that if someone other than the appellant, such as their lawyer or a witness, did not comply with the procedural or substantive requirements for filing an appeal, it cannot be automatically dismissed by the appeal court. This provision is important because it ensures that the appellant is not penalized for the mistakes or noncompliance of others. This provision is also consistent with the principles of natural justice, as it ensures that the appellant's appeal is judged on its merits and not dismissed on a technicality or procedural error that they were not responsible for. The goal of the criminal justice system is to ensure that justice is served, and this provision helps to ensure that every aspect of the appeal process is fair and consistent with this overarching goal. In summary, Section 821(2) of the Criminal Code of Canada serves as a safeguard against the dismissal of appeals based on the noncompliance of persons other than the appellant. This provision ensures that the appeal court considers the appeal on its merits and upholds the principles of natural justice in the criminal justice system.

COMMENTARY

Section 821(2) of the Criminal Code of Canada is a clause that protects individuals who seeks to appeal their case, regardless of whether or not their representative has failed to comply with certain provisions of the appeals process. In this sense, this section is meant to ensure that justice is never denied to an individual based purely on procedural reasons, such as non-compliance, especially when that non-compliance is beyond their control. The right to appeal is a key aspect of the Canadian legal system as it provides those accused of a crime with the ability to advocate for themselves, and provides the opportunity for those wrongfully convicted to receive the review of a higher court. Appeals can only be granted if they are based on valid grounds, for instance, errors in law or undue influence, and must go through a specific legal process. Section 821(2) acknowledges the existence of certain procedural complexities and the possibility of non-compliance, allowing for leniency in situations where those complexities may have negatively impacted the appellant. This clause is particularly important for individuals who are representing themselves without the aid of legal counsel, or for those who may be disadvantaged by their circumstances. This assistance may include legal explanations or documentation regarding the appeals process, or supplemental resources to ensure that all necessary documentation is submitted timely and accurately. The protection offered by Section 821(2) also builds on the principle of fairness and the importance of preventing biased decisions based solely on administrative matters. The criminal justice system is tasked with promoting fairness and equity, as such, the rules should remain strictly impartial both in spirit and practice. Appeals must be judged on their merit rather than on procedural compliance, ensuring that appellants are not discriminated against based on their inability to follow strict procedural rules. Moreover, the importance of this section is magnified in cases where the original trial faced complications or irregularities at the trial level. In instances where the court makes a deviation from established protocol during the initial trial, the defendant's ability to appeal acts as a crucial safeguard that ensures that laws are upheld and that justice is ultimately served. In conclusion, Section 821(2) of the Criminal Code of Canada is an essential protection put in place for individuals who wish to undergo the appeals process. It serves to guarantee the principle of fairness and impartiality in an essential aspect of the criminal justice system while also providing a degree of flexibility to those navigating a complex and often difficult process. Ultimately, this section ensures that an individual's right to appeal is safeguarded, providing reassurance that they will receive fair treatment in all aspects of the legal process.

STRATEGY

Section 821(2) of the Criminal Code of Canada is an important provision that protects appellants from being punished for the failure of others to comply with the provisions of the Code relating to appeals. This provision is critical in ensuring that people who seek to appeal criminal convictions are not unjustly denied their right to appeal due to the actions or inactions of other parties, such as their lawyers or court officials. There are several strategic considerations that lawyers and appellants must take into account when dealing with this provision of the Criminal Code. Firstly, it is important to ensure that all parties involved in the appeal process are aware of their respective roles and responsibilities. This includes the appellant, their lawyer, court officials, and any other parties involved in compliance with the provisions of the Code relating to appeals. Clear communication and coordination among these parties can help prevent any potential mistakes or oversights that could lead to an appeal being dismissed. Another important strategic consideration is to ensure that all relevant information and documentation are properly compiled and submitted. This includes court transcripts, evidence, and any other documents that may be necessary for the appeal process. Lawyers and appellants should work together to ensure that all relevant information is properly collected and presented to the appeal court. This can help prevent any delays or complications that could lead to a dismissal of the appeal. When dealing with Section 821(2) of the Criminal Code, it is also crucial to be aware of the potential consequences of any actions or decisions made. For example, if a lawyer fails to comply with the provisions of the Code relating to appeals, it could result in the appeal being dismissed. In this case, it may be necessary to take legal action against the lawyer or seek other remedies to rectify the situation. Similarly, if court officials or other parties involved in the appeal process fail to comply with the Code, it may be necessary to file a complaint or take other action to address the issue. One strategy that could be employed to mitigate the risk of appeal dismissal due to non-compliance with the Code is to have multiple parties responsible for ensuring compliance. For example, an appellant may hire a lawyer to handle the legal aspects of the appeal, but may also retain an independent consultant or auditor to oversee the compliance process and ensure that all requirements are met. This can provide an additional layer of protection against errors or oversights that could lead to an appeal being dismissed. In conclusion, Section 821(2) of the Criminal Code of Canada is an important provision that protects appellants from being unfairly punished for the failure of others to comply with the provisions of the Code relating to appeals. Lawyers and appellants must take strategic considerations into account when dealing with this provision, including clear communication and coordination among all parties involved, proper compilation and submission of relevant information and documentation, awareness of the potential consequences of actions or decisions, and the potential employment of strategic measures to mitigate the risk of appeal dismissal.