section 832(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the requirements for appellants to appear before a justice and give an undertaking or recognizance.

SECTION WORDING

832(1) When a notice of appeal is filed pursuant to section 830, the appeal court may order that the appellant appear before a justice and give an undertaking or enter into a recognizance as provided in section 816 where the defendant is the appellant, or as provided in section 817, in any other case.

EXPLANATION

Section 832(1) of the Criminal Code of Canada outlines the provisions for filing an appeal in court and the requisite undertakings or recognizances that the appellant may need to enter into. An individual who wishes to appeal a conviction or sentence must file a notice of appeal under section 830 of the Criminal Code. However, if the court deems it necessary, the appellant may be required to appear before a justice and provide an undertaking or recognizance to secure their release pending the outcome of the appeal. This is important to protect the administration of justice, prevent flight and maintain public safety. If the defendant is the appellant, section 816 applies, which outlines the requirements for an undertaking for release. The undertaking may include a promise to attend court at specified times, a requirement to remain within certain geographic limits, and a pledge to forfeit money if they fail to comply with the conditions set out in the undertaking. For all other cases, where the appellant is not the defendant, section 817 applies. This section outlines the provisions for entering into a recognizance for release. The recognizance may include a promise to attend court, a commitment to remain within a certain area, or a pledge to forfeit money or property if they fail to comply with the terms of the recognizance. Overall, section 832(1) serves to ensure that individuals who are appealing their conviction or sentence are held to strict standards of conduct and are committed to attending court and fulfilling the obligations set out in their undertaking or recognizance. This helps to maintain the integrity of the justice system and protect public safety.

COMMENTARY

Section 832(1) of the Criminal Code of Canada outlines the requirements for an appellant to appear before a justice and provide an undertaking or recognizance when a notice of appeal is filed. This section is an important part of the appeal process because it ensures that the appellant will appear for their appeal and that their behaviour will be monitored until the appeal is resolved. The section specifically provides that if the defendant is the appellant, they must provide an undertaking or recognizance as provided in section 816. This section states that the appellant must swear or solemnly affirm to appear before the court when required to do so, and must comply with any other conditions that the court may impose. These conditions may include things like staying within a certain geographic area, reporting to a probation officer or other designated person, refraining from contacting certain individuals, or refraining from any illegal activity. If the appellant is not the defendant, they must provide an undertaking or recognizance as provided in section 817. This section is similar to section 816 in that it requires the appellant to swear or solemnly affirm to appear before the court when required to do so, but it also allows the court to impose other conditions as it deems necessary. These may include the same conditions listed above, as well as things like surrendering their passport or refraining from leaving the country without permission from the court. The purpose of these undertakings and recognizances is to ensure that the appellant appears when required and behaves appropriately while awaiting their appeal. They also provide a measure of protection to the public, as the conditions imposed by the court can help to prevent the appellant from committing any further crimes while awaiting their appeal. It is important to note that failure to comply with an undertaking or recognizance can have serious consequences. The appellant may be arrested and brought before the court, and may face additional charges of breaching their undertaking or recognizance. This can also harm their chances of success in their appeal, as it shows a lack of respect for the court and the legal system. Overall, section 832(1) of the Criminal Code of Canada is an important part of the appeal process, as it ensures that appellants behave appropriately while awaiting their appeal and appear when required to do so. It provides a level of protection for the public and helps to maintain the integrity of the legal system.

STRATEGY

When dealing with section 832(1) of the Criminal Code of Canada, there are several strategic considerations to keep in mind. This section provides the appeal court with the power to order the appellant to appear before a justice and give an undertaking or enter into a recognizance, which can have significant implications for the outcome of the appeal. Here are some strategies that could be employed when dealing with this section: 1. Be prepared for the possibility of an order: As this section provides the appeal court with the discretion to order an undertaking or recognizance, it is important to be prepared for the possibility that such an order may be made. This means having a plan in place for how you will comply with the order, such as identifying potential sureties or preparing any necessary documents. 2. Consider the potential impact on your appeal: Depending on the circumstances of your case, an order for an undertaking or recognizance could have significant implications for the outcome of your appeal. For example, if you are appealing a conviction and are required to enter into a recognizance, this could impact your ability to attend court or travel outside of the country. It is important to carefully consider these potential impacts and weigh them against the benefits of pursuing the appeal. 3. Negotiate the terms of the order: While the appeal court has the power to order an undertaking or recognizance, this does not mean that the terms of the order are set in stone. It may be possible to negotiate the terms of the order with the Crown or the appeal court, such as by requesting a lower bail amount or more lenient conditions. It may also be possible to appeal the order itself. 4. Seek legal advice: Given the potential impact of an order for an undertaking or recognizance, it is important to seek legal advice from an experienced criminal lawyer. A lawyer can help you understand your options and develop a strategic plan for dealing with this section of the Criminal Code. Overall, when dealing with section 832(1) of the Criminal Code of Canada, it is important to be prepared and strategic. By carefully considering the potential impact of an order and developing a plan for compliance, negotiation, or appeal, you can increase your chances of a successful outcome to your appeal.