INTRODUCTION AND BRIEF DESCRIPTION
A judge of the court may exercise jurisdiction in chambers, regardless of whether it is term time or vacation.
SECTION WORDING
834(2) Where the authority and jurisdiction of the appeal court may be exercised by a judge of that court, the authority and jurisdiction may, subject to any applicable rules of court, be exercised by a judge of the court sitting in chambers as well in vacation as in term time.
EXPLANATION
Section 834(2) of the Criminal Code of Canada relates to the authority and jurisdiction of appeal courts in the country. It essentially states that where an appeal court's authority and jurisdiction can be exercised by a judge of that court, it can also be exercised by a judge of the court sitting in chambers. This applies to both term time and vacation periods, subject to any relevant rules of court. In simple terms, this section gives judges the power to act as an appeal court in certain circumstances, even if they are not technically part of that court. For example, a judge sitting in chambers during vacation time may be asked to hear an appeal case that would normally be handled by the appeal court, and they have the power to make decisions on that case. This provision is important because it helps ensure that the justice system remains accessible and efficient. Using judges outside of traditional appeal court settings can speed up the processing of cases, reduce waiting times for hearings, and help ensure that appeals are heard in a timely manner. Overall, Section 834(2) of the Criminal Code of Canada plays an important role in ensuring that the appeals process is fair and efficient for everyone involved, from the appellant to the courts themselves.
COMMENTARY
Section 834(2) of the Criminal Code of Canada grants appellate jurisdiction to judges of the appeal court in both term time and vacation. This provision allows a judge of the court to exercise their authority and jurisdiction when they are not required to sit in court. This provision is essential for the efficient administration of justice and helps to ensure that the appeal court's authority is not hindered by term time constraints. The appellate jurisdiction of the appeal court is an essential component of the criminal justice system. It deals with appeals from decisions made by lower courts, such as the Ontario Court of Justice or the Superior Court of Justice. The jurisdiction of the appeal court is to hear and determine appeals on matters of law, and in some cases, of fact, arising from lower court decisions. The appeal court judges' authority and jurisdiction are critical for ensuring the administration of justice because they have the power to remedy errors that may be made in lower court decisions. The ability of judges of the appeal court to exercise their authority and jurisdiction in vacation is an essential component of this provision. It allows for a more efficient administration of justice and helps to ensure that the appeal court's authority is not hindered by term time constraints. It allows judges to address appeals even when the appeal court is not in session, which can help to reduce the backlog of appeals awaiting to be heard. This provision promotes the smooth-running of the criminal justice system while ensuring that everyone has a right to appeal their cases. This section is also closely linked to applicable rules of court. The rules of court regulate the practice and procedure of the appeal court. They ensure that the appeal process is conducted in a fair and efficient manner, and that the rules of natural justice are upheld. The rules of court dictate procedures that must be followed when exercising jurisdiction in chambers or during term time. By adhering to these rules, judges in the appeal court can ensure they follow proper procedures when exercising their jurisdiction. In conclusion, section 834(2) of the Criminal Code of Canada is a crucial provision that grants appellate jurisdiction to appeal court judges. The provision ensures the smooth operation of the criminal justice system by allowing judges to exercise their authority and jurisdiction in term time and vacation. This provision promotes efficiency while allowing everyone to exercise their right to appeal their cases. It ensures that the administration of justice is not hindered by term time constraints and is subject to applicable rules of court.
STRATEGY
Section 834(2) of the Criminal Code of Canada is a provision that grants judges of the court the authority and jurisdiction to exercise the powers of the appeal court even when they are sitting in chambers or during vacation. This section is crucial in determining the jurisdiction of lower courts and the availability of appeal options for litigants. In this discussion, we will explore some strategic considerations when dealing with this section of the Criminal Code and how different strategies could be employed. One of the strategic considerations when dealing with section 834(2) of the Criminal Code is to understand the applicability of the section to different types of cases. This provision applies to civil as well as criminal cases, which means that parties in both types of cases can utilize this provision to appeal decisions made in lower courts. However, the provision is limited to appeals within the same court system, and parties cannot use this provision to appeal decisions made by a court in a different jurisdiction. Another strategic consideration is the timing of the application of this section. Section 834(2) applies to appeal courts that can be exercised by a judge of the court. Therefore, parties must ensure that the judge hearing their case has the authority and jurisdiction to exercise the powers of the appeal court. It is also important to note that the judge must be sitting in chambers or during vacation to exercise such powers. One of the strategies that could be employed when dealing with section 834(2) is to file an appeal during or after the trial. This is because the provision allows for appeals to be filed and heard in chambers, even in vacation times. This strategy can be particularly useful for parties who are unable or unwilling to wait for scheduled court dates, as it allows them to have their appeals heard at any time. Another strategy that could be employed when dealing with section 834(2) is to understand the applicable rules of court. These rules are specific to each jurisdiction and provide guidelines for the procedural steps that must be followed when filing an appeal. Understanding the rules of court can help parties prepare their case materials and arguments in accordance with the procedures set out in the relevant jurisdiction. In conclusion, section 834(2) of the Criminal Code of Canada provides a mechanism for judges to exercise the powers of the appeal court even when sitting in chambers or during vacation. This provision is important for determining the jurisdiction of lower courts and appeals available to litigants. Parties can employ different strategies when dealing with this section, including filing an appeal during or after trial and understanding the applicable rules of court. By taking these strategic considerations into account, parties can increase their chances of success when dealing with appeals under section 834(2) of the Criminal Code.