section 821(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires the appellant in a summary conviction trial to provide a certified transcript of the evidence taken by a stenographer or sound recording apparatus for use in an appeal.

SECTION WORDING

821(3) Where the evidence on a trial before a summary conviction court has been taken by a stenographer duly sworn or by a sound recording apparatus, the appellant shall, unless the appeal court otherwise orders or the rules referred to in section 815 otherwise provide, cause a transcript thereof, certified by the stenographer or in accordance with subsection 540(6), as the case may be, to be furnished to the appeal court and the respondent for use on the appeal.

EXPLANATION

Section 821(3) of the Criminal Code of Canada pertains to the appeal process for summary conviction cases, which are cases involving less serious offences that are tried in lower courts, such as provincial courts. The section establishes that in cases where evidence has been taken by a stenographer or a sound recording apparatus, the appellant (the person appealing the conviction) is responsible for obtaining and submitting a transcript of the evidence. This transcript must be certified by the stenographer or in accordance with subsection 540(6) of the Criminal Code. The purpose of requiring a transcript is to ensure that the appeal court has an accurate record of the evidence presented at trial. This is particularly important in cases where the grounds for appeal relate to errors or inconsistencies in the evidence. The section allows for some flexibility by enabling the appeal court to order otherwise or providing for different rules in section 815. Overall, section 821(3) reflects the importance of transparency and procedural fairness in the appeal process. By ensuring that a complete and reliable record of the evidence is available to both the appeal court and the respondent (the party that obtained the original conviction), the section helps to promote a fair and just resolution of the appeal.

COMMENTARY

Section 821(3) of the Criminal Code of Canada outlines the requirement for the appellant to provide a transcript of the evidence taken during a trial before a summary conviction court. This section of the code is essential to ensure that the appeal court has all the necessary information to review and make an informed decision about the case. The evidence presented during a trial is crucial to determining the guilt or innocence of the accused. In the traditional method of recording evidence, a stenographer is present to transcribe everything that is said during the trial. However, with today's technological advancements, sound recording apparatuses are increasingly being used to capture the audio of the trial proceedings. Regardless of the method used to record the evidence, the appellant must obtain a transcript of the proceedings. It is important to note that the transcript must be certified by the stenographer or in accordance with subsection 540(6) of the Criminal Code of Canada. This adds a layer of authenticity to the transcript and ensures that the information presented is accurate and trustworthy. The provision also highlights that the appeal court may order otherwise if deemed necessary. This clause allows for flexibility in situations where the production of a transcript may not be practical, such as in cases where the recording is of poor quality or damaged. The appellant is responsible for providing the transcript to both the appeal court and the respondent. This is crucial as both parties must have access to the evidence presented during the trial to make their respective arguments during the appeal. In conclusion, Section 821(3) of the Criminal Code of Canada is an important provision for ensuring that the appeal court has access to all the necessary information to make an informed decision. It highlights the importance of accurate and reliable evidence in determining the guilt or innocence of an accused individual. This provision ensures transparency and fairness in the Canadian legal system.

STRATEGY

Section 821(3) of the Criminal Code of Canada deals with the requirement that an appellant must furnish a certified transcript of the proceedings of a summary conviction court, as recorded by a stenographer or a sound recording apparatus, to the appeal court and the respondent upon filing an appeal. This section of the Criminal Code of Canada presents a number of strategic considerations for both appellants and respondents. The first strategic consideration is whether to comply with Section 821(3) or request that the appeal court order otherwise. Compliance with this section of the Criminal Code of Canada may be costly and time-consuming, especially for appellants who have limited financial resources. It may also delay the appeal process, leading to the potential loss of important evidence or witnesses. Therefore, appellants may choose to request the appeal court to waive the requirement that a transcript be filed, or order otherwise. Secondly, parties may use Section 821(3) to their advantage during the appeal process. Appellants who choose to comply with this section can ensure that the transcript accurately reflects the proceedings, including any errors or inconsistencies that may have occurred during the trial. This creates a record that the appellant can use to establish their grounds of appeal, which may relate to the judge's misapprehension of the evidence, errors in the charge to the jury, or the violation of the appellant's constitutional rights. Thirdly, parties may choose to challenge the accuracy of the transcript or the certification process used to create the transcript. This strategy may be used by either party, but it is more commonly employed by respondents who are satisfied with the decision of the summary conviction court and want to maintain that decision. For example, the respondent may argue that errors or omissions in the transcript undermine the appellant's grounds of appeal, or that the certification process used to create the transcript was faulty. Finally, the parties may choose to use alternative means to provide the appeal court with a record of the proceedings. For example, the parties may agree to a joint statement of facts, which outlines the details of the trial, including the evidence presented and the rulings made by the judge. This approach may be beneficial for both parties, as it saves time and money, while still providing the appeal court with a comprehensive record of the proceedings. In conclusion, Section 821(3) of the Criminal Code of Canada presents a number of strategic considerations for both appellants and respondents. The choice to comply with this section or request an alternative order may affect the length and cost of the appeal process. The degree of accuracy of the transcript, as well as the certification process, may also be challenged by either party during the appeal process. Finally, parties may choose to provide the appeal court with alternative means of recording the proceedings, such as a joint statement of facts, in order to expedite the appeal.