INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the application of appeal procedures in relation to convictions, acquittals, sentences, verdicts, and orders.
SECTION WORDING
822(1) Where an appeal is taken under section 813 in respect of any conviction, acquittal, sentence, verdict or order, sections 683 to 689, with the exception of subsections 683(3) and 686(5), apply, with such modifications as the circumstances require.
EXPLANATION
Section 822(1) of the Criminal Code of Canada outlines the provisions for appeals that can be taken under section 813 in the case of a conviction, acquittal, sentence, verdict, or order. This section provides guidance on the application of sections 683 to 689 which deal with the appeals process in criminal cases. Section 822(1) states that, with the exception of subsections 683(3) and 686(5), sections 683 to 689 would apply to any criminal appeal with such modifications as the circumstances require. This means that the appellate court can modify the application of the relevant provisions in order to ensure that justice is served in the specific circumstances of the case. The provisions within sections 683 to 689 govern the process of appealing a conviction or sentence in a criminal case. Section 683 provides for appeals against convictions, while section 686 outlines the right of appeal for accused persons following a conviction. Section 687 and 688 cover the types of evidence that may be presented on an appeal whereas section 689 covers how the appellate court may give directions to the lower court. Overall, Section 822(1) of the Criminal Code of Canada provides guidance on the process of appealing a conviction, sentence, verdict, or order in criminal cases. It ensures that the appellate court can apply the relevant provisions contained in sections 683 to 689 and modify them to suit the specific needs of the case. This promotes fairness and justice in the legal system.
COMMENTARY
Section 822(1) of the Criminal Code of Canada pertains to the procedural provisions related to appeals in criminal cases. The section lays down specific guidelines on how such appeals should be handled, stating the laws that should apply and the situations where modifications are necessary. The provision is crucial in ensuring that appeals are conducted fairly and without bias, while also upholding the rule of law. One key aspect of the section is that it applies to various aspects of the trial process, including convictions, acquittals, sentences, verdicts, and orders. This broad scope ensures that any party that seeks to appeal a decision made in the trial is covered under this provision. It is noteworthy that appeals are only taken when a party feels that there has been an error of law or that the trial was not conducted in line with the rules of natural justice. The ability to appeal court decisions is vital in providing an avenue for parties to seek remedy in instances where they believe that the court's decision was unjust. The section further stipulates that sections 683 to 689 of the Criminal Code of Canada apply when an appeal is taken. These sections pertain to the practice and procedure of appeals in criminal trials. Section 683 outlines when a person has the right to appeal, while section 684 stipulates the time frame within which an appeal must be commenced. Section 685 lays down the technical requirements of the appeal, including the necessary documents and the mode of filing the appeal. Under section 686, appeals are heard by a higher court, which may either quash or affirm the decision of the lower court. Another critical aspect of section 822(1) is that it provides room for modifications of the laws stipulated under sections 683 to 689. This provision allows for flexibility in handling different kinds of appeals, depending on the specific circumstances of the case. For instance, the modifications may relate to the mode of hearing the appeal, the admissibility of evidence, or the timelines within which the appeal must be filed. This provision is crucial as it ensures that the trial process is conducted equitably and that the rules are not rigidly applied without considering the unique aspects of each case. In conclusion, section 822(1) of the Criminal Code of Canada is a crucial provision in ensuring that appeals in criminal trials are handled fairly and justly. By outlining the laws that apply to such cases and providing options for modifications where necessary, this provision upholds the principles of natural justice while also ensuring that the rule of law is upheld. It is important that all parties to a trial understand their right to appeal and that they follow the proper procedures as outlined under this provision and the other related sections of the Criminal Code of Canada.
STRATEGY
Section 822(1) of the Criminal Code of Canada lays out the parameters for appeals in criminal cases. It is of utmost importance for defense attorneys to consider this section when dealing with the appeals process. In order to ensure success in any appeal, one must carefully consider the strategic options available and make informed decisions. One possible strategy when dealing with section 822(1) is to carefully review the specific terms of the section and consider any potential opportunities to take advantage of its provisions. For example, if a client has been convicted or sentenced on the basis of faulty evidence, it may be possible to utilize this section to request a review of that evidence in a new trial. Similarly, if a case has been mishandled by the prosecution or the judge during the trial, this section may provide an avenue for requesting a retrial. Another important consideration when dealing with section 822(1) is the nature of the criminal charges at issue. Different offenses may require different strategies or approaches when it comes to appealing convictions or sentences. For example, in cases involving complex financial crimes, the defense may need to employ experts or rely heavily on forensic analysis to demonstrate the flaws in the prosecution's case. On the other hand, in cases involving violent offenses, a more emotional or narrative-oriented approach may be more effective. Another strategy when dealing with section 822(1) may be to focus on the specific legal issues at stake in a given appeal. For example, if an individual has been wrongfully convicted primarily due to a misapplication of the law, a strong appeal may focus on the relevant legal precedents and present arguments based on those precedents. Similarly, if a conviction or sentence has been handed down in contravention of a defendant's constitutional or human rights, an appeal may focus on these issues and their legal implications. Ultimately, there are many potential strategies that can be employed when dealing with section 822(1) of the Criminal Code of Canada. Whether one is appealing a conviction, acquittal, sentence, verdict, or order, careful consideration of the relevant legal issues and a strategic approach can be critical to achieving a successful outcome. By utilizing the appropriate legal resources, presenting compelling arguments, and keeping a close eye on the details of the case, attorneys can help their clients navigate the complex appeals process and achieve the best possible outcome.