GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 682
Report by judge 682 (1) Where, under this Part, an appeal is taken or an application for leave to appeal is made, the judge or provincial court judge who presided at the trial shall, at the request of the court of appeal or a judge thereof, in accordance with rules of court, furnish it or him with a report on the case or on any matter relating to the case that is specified in the request. Transcript of evidence (2) A copy or transcript of (a) the evidence taken at the trial, (b) any charge to the jury and any objections that were made to a charge to the jury, (c) the reasons for judgment, if any, and (d) the addresses of the prosecutor and the accused, if a ground for the appeal is based on either of the addresses, shall be furnished to the court of appeal, except in so far as it is dispensed with by order of a judge of that court. (3) [Repealed, 1997, c. 18, s. 96] Copies to interested parties (4) A party to an appeal is entitled to receive, on payment of any charges that are fixed by rules of court, a copy or transcript of any material that is prepared under subsections (1) and (2). Copy for Minister of Justice (5) The Minister of Justice is entitled, on request, to receive a copy or transcript of any material that is prepared under subsections (1) and (2). R.S., 1985, c. C-46, s. 682; R.S., 1985, c. 27 (1st Supp.), ss. 143, 203; 1997, c. 18, s. 96
Criminal Code — C-46 683
 order the offender to enter into a recognizance. Revocation of suspension order (6) The court of appeal may revoke any order it makes under subsection (5) where it considers the revocation to be in the interests of justice. Release order to be taken into account (7) If the offender is subject to a release order under subsection (5.1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that order and the period for which they were imposed on the offender. R.S., 1985, c. C-46, s. 683; R.S., 1985, c. 27 (1st Supp.), s. 144, c. 23 (4th Supp.), s. 5; 1995, c. 22, s. 10; 1997, c. 18, ss. 97, 141; 1999, c. 25, s. 15(Preamble); 2002, c. 13, s. 67; 2008, c. 18, s. 29 2019, c. 25, s. 281
Criminal Code — C-46 684
Legal assistance for appellant 684 (1) A court of appeal or a judge of that court may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal or to proceedings preliminary or incidental to an appeal where, in the opinion of the court or judge, it appears desirable in the interests of justice that the accused should have legal assistance and where it appears that the accused has not sufficient means to obtain that assistance. Counsel fees and disbursements (2) Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General who is the appellant or respondent, as the case may be, in the appeal. Taxation of fees and disbursements (3) Where subsection (2) applies and counsel and the Attorney General cannot agree on fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court of appeal and the registrar may tax the disputed fees and disbursements. R.S., 1985, c. C-46, s. 684; R.S., 1985, c. 34 (3rd Supp.), s. 9
Criminal Code — C-46 685
Summary determination of frivolous appeals 685 (1) Where it appears to the registrar that a notice of appeal, which purports to be on a ground of appeal that involves a question of law alone, does not show a substantial ground of appeal, the registrar may refer the appeal to the court of appeal for summary determination, and, where an appeal is referred under this section, the court of appeal may, if it considers that the appeal is frivolous or vexatious and can be determined without being adjourned for a full hearing, dismiss the appeal summarily, without calling on any person to attend the hearing or to appear for the respondent on the hearing. Summary determination of appeals filed in error (2) If it appears to the registrar that a notice of appeal should have been filed with another court, the registrar may refer the appeal to a judge of the court of appeal for summary determination, and the judge may dismiss the appeal summarily without calling on any person to attend the hearing or to appear for the respondent on the hearing. R.S., 1985, c. C-46, s. 685; 2008, c. 18, s. 30
Criminal Code — C-46 686
t a jury. The election shall be deemed to be a re-election within the meaning of subsection 561.1(1), and subsection 561.1(6) applies, with any modifications that the circumstances require, to the election. Where appeal allowed against verdict of unfit to stand trial (6) Where a court of appeal allows an appeal against a verdict that the accused is unfit to stand trial, it shall, subject to subsection (7), order a new trial. Appeal court may set aside verdict of unfit to stand trial (7) Where the verdict that the accused is unfit to stand trial was returned after the close of the case for the prosecution, the court of appeal may, notwithstanding that the verdict is proper, if it is of the opinion that the accused should have been acquitted at the close of the case for the prosecution, allow the appeal, set aside the verdict and direct a judgment or verdict of acquittal to be entered. Additional powers (8) Where a court of appeal exercises any of the powers conferred by subsection (2), (4), (6) or (7), it may make any order, in addition, that justice requires. R.S., 1985, c. C-46, s. 686; R.S., 1985, c. 27 (1st Supp.), ss. 145, 203; 1991, c. 43, s. 9; 1997, c. 18, s. 98; 1999, c. 3, s. 52, c. 5, s. 26; 2015, c. 3, s. 54(F) 2019, c. 25, s. 282(E)
Criminal Code — C-46 687
Powers of court on appeal against sentence 687 (1) Where an appeal is taken against sentence, the court of appeal shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against, and may on such evidence, if any, as it thinks fit to require or to receive, (a) vary the sentence within the limits prescribed by law for the offence of which the accused was convicted; or (b) dismiss the appeal. Effect of judgment (2) A judgment of a court of appeal that varies the sentence of an accused who was convicted has the same force and effect as if it were a sentence passed by the trial court. R.S., c. C-34, s. 614
Criminal Code — C-46 688
Right of appellant to attend 688 (1) Subject to subsection (2), an appellant who is in custody is entitled, if he desires, to be present at the hearing of the appeal. Appellant represented by counsel (2) An appellant who is in custody and who is represented by counsel is not entitled to be present (a) at the hearing of the appeal, where the appeal is on a ground involving a question of law alone, (b) on an application for leave to appeal, or (c) on any proceedings that are preliminary or incidental to an appeal, unless rules of court provide that he is entitled to be present or the court of appeal or a judge thereof gives him leave to be present. Manner of appearance (2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant appearing in person, (a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by audioconference or videoconference, if the technological means is satisfactory to the court; and (b) at the hearing of the appeal, if the appellant has access to legal advice, they appear by closed-circuit television or videoconference. Argument may be oral or in writing (3) An appellant may present his case on appeal and his argument in writing instead of orally, and the court of appeal shall consider any case of argument so presented. Sentence in absence of appellant (4) A court of appeal may exercise its power to impose sentence notwithstanding that the appellant is not present. R.S., 1985, c. C-46, s. 688; 2002, c. 13, s. 68 2019, c. 25, s. 283 2022, c. 17, s. 43(E)
Criminal Code — C-46 689
Restitution or forfeiture of property 689 (1) If the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 164.2(1) or 462.37(1) or (2.01), the operation of the order is suspended (a) until the expiration of the period prescribed by rules of court for the giving of notice of appeal or of notice of application for leave to appeal, unless the accused waives an appeal; and (b) until the appeal or application for leave to appeal has been determined, where an appeal is taken or application for leave to appeal is made. Annulling or varying order (2) The court of appeal may by order annul or vary an order made by the trial court with respect to compensation or the restitution of property within the limits prescribed by the provision under which the order was made by the trial court, whether or not the conviction is quashed. R.S., 1985, c. C-46, s. 689; R.S., 1985, c. 42 (4th Supp.), s. 5; 1995, c. 22, s. 10; 2002, c. 13, s. 69; 2005, c. 44, s. 12
Criminal Code — C-46 691
Appeal from conviction 691 (1) A person who is convicted of an indictable offence and whose conviction is affirmed by the court of appeal may appeal to the Supreme Court of Canada (a) on any question of law on which a judge of the court of appeal dissents; or (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada. Appeal where acquittal set aside (2) A person who is acquitted of an indictable offence other than by reason of a verdict of not criminally responsible on account of mental disorder and whose acquittal is set aside by the court of appeal may appeal to the Supreme Court of Canada (a) on any question of law on which a judge of the court of appeal dissents; (b) on any question of law, if the Court of Appeal enters a verdict of guilty against the person; or (c) on any question of law, if leave to appeal is granted by the Supreme Court of Canada. R.S., 1985, c. C-46, s. 691; R.S., 1985, c. 34 (3rd Supp.), s. 10; 1991, c. 43, s. 9; 1997, c. 18, s. 99
Criminal Code — C-46 692
Appeal against affirmation of verdict of not criminally responsible on account of mental disorder 692 (1) A person who has been found not criminally responsible on account of mental disorder and (a) whose verdict is affirmed on that ground by the court of appeal, or (b) against whom a verdict of guilty is entered by the court of appeal under subparagraph 686(4)(b)(ii), may appeal to the Supreme Court of Canada. Appeal against affirmation of verdict of unfit to stand trial (2) A person who is found unfit to stand trial and against whom that verdict is affirmed by the court of appeal may appeal to the Supreme Court of Canada. Grounds of appeal (3) An appeal under subsection (1) or (2) may be (a) on any question of law on which a judge of the court of appeal dissents; or (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada. R.S., 1985, c. C-46, s. 692; R.S., 1985, c. 34 (3rd Supp.), s. 11; 1991, c. 43, s. 9
Criminal Code — C-46 693
Appeal by Attorney General 693 (1) Where a judgment of a court of appeal sets aside a conviction pursuant to an appeal taken under section 675 or dismisses an appeal taken pursuant to paragraph 676(1)(a), (b) or (c) or subsection 676(3), the Attorney General may appeal to the Supreme Court of Canada (a) on any question of law on which a judge of the court of appeal dissents; or (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada. Terms (2) Where leave to appeal is granted under paragraph (1)(b), the Supreme Court of Canada may impose such terms as it sees fit. R.S., 1985, c. C-46, s. 693; R.S., 1985, c. 27 (1st Supp.), s. 146, c. 34 (3rd Supp.), s. 12
Criminal Code — C-46 694
Notice of appeal 694 No appeal lies to the Supreme Court of Canada unless notice of appeal in writing is served by the appellant on the respondent in accordance with the Supreme Court Act . R.S., 1985, c. C-46, s. 694; R.S., 1985, c. 34 (3rd Supp.), s. 13
Criminal Code — C-46 694.1
Legal assistance for accused 694.1 (1) The Supreme Court of Canada or a judge thereof may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal to the Court or to proceedings preliminary or incidental to an appeal to the Court where, in the opinion of the Court or judge, it appears desirable in the interests of justice that the accused should have legal assistance and where it appears that the accused has not sufficient means to obtain that assistance. Counsel fees and disbursements (2) Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General who is the appellant or respondent, as the case may be, in the appeal. Taxation of fees and disbursements (3) Where subsection (2) applies and counsel and the Attorney General cannot agree on fees or disbursements of counsel, the Attorney General or the counsel may apply to the Registrar of the Supreme Court of Canada, and the Registrar may tax the disputed fees and disbursements. R.S., 1985, c. 34 (3rd Supp.), s. 13; 1992, c. 1, s. 60(F)
Criminal Code — C-46 694.2
Right of appellant to attend 694.2 (1) Subject to subsection (2), an appellant who is in custody and who desires to be present at the hearing of the appeal before the Supreme Court of Canada is entitled to be present at it. Appellant represented by counsel (2) An appellant who is in custody and who is represented by counsel is not entitled to be present before the Supreme Court of Canada (a) on an application for leave to appeal, (b) on any proceedings that are preliminary or incidental to an appeal, or (c) at the hearing of the appeal, unless rules of court provide that entitlement or the Supreme Court of Canada or a judge thereof gives the appellant leave to be present. R.S., 1985, c. 34 (3rd Supp.), s. 13
Criminal Code — C-46 695
Order of Supreme Court of Canada 695 (1) The Supreme Court of Canada may, on an appeal under this Part, make any order that the court of appeal might have made and may make any rule or order that is necessary to give effect to its judgment. Election if new trial (2) Subject to subsection (3), if a new trial ordered by the Supreme Court of Canada is to be held before a court composed of a judge and jury, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury or a provincial court judge. The election is deemed to be a re-election within the meaning of subsection 561(5) and subsections 561(5) to (7) apply to it with any modifications that the circumstances require. Nunavut (3) If a new trial ordered by the Supreme Court of Canada is to be held before a court composed of a judge and jury in Nunavut, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury. The election is deemed to be a re-election within the meaning of subsection 561.1(6) and subsections 561.1(6) to (9) apply to it with any modifications that the circumstances require. R.S., 1985, c. C-46, s. 695; 1999, c. 5, s. 27; 2008, c. 18, s. 31
Criminal Code — C-46 696
Right of Attorney General of Canada to appeal 696 The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part. R.S., c. C-34, s. 624
Criminal Code — C-46 696.1
Application 696.1 (1) An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament or has been found to be a dangerous offender or a long-term offender under Part XXIV and whose rights of judicial review or appeal with respect to the conviction or finding have been exhausted. Form of application (2) The application must be in the form, contain the information and be accompanied by any documents prescribed by the regulations. 2002, c. 13, s. 71
Criminal Code — C-46 696.2
Review of applications 696.2 (1) On receipt of an application under this Part, the Minister of Justice shall review it in accordance with the regulations. Powers of investigation (2) For the purpose of any investigation in relation to an application under this Part, the Minister of Justice has and may exercise the powers of a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act. Delegation (3) Despite subsection 11(3) of the Inquiries Act , the Minister of Justice may delegate in writing to any member in good standing of the bar of a province, retired judge or any other individual who, in the opinion of the Minister, has similar background or experience the powers of the Minister to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence and otherwise conduct an investigation under subsection (2). 2002, c. 13, s. 71
Criminal Code — C-46 696.3
Definition of court of appeal 696.3 (1) In this section, the court of appeal means the court of appeal, as defined by the definition court of appeal in section 2, for the province in which the person to whom an application under this Part relates was tried. Power to refer (2) The Minister of Justice may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application under this Part on which the Minister desires the assistance of that court, and the court shall furnish its opinion accordingly. Powers of Minister of Justice (3) On an application under this Part, the Minister of Justice may (a) if the Minister is satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred, (i) direct, by order in writing, a new trial before any court that the Minister thinks proper or, in the case of a person found to be a dangerous offender or a long-term offender under Part XXIV, a new hearing under that Part, or (ii) refer the matter at any time to the court of appeal for hearing and determination by that court as if it were an appeal by the convicted person or the person found to be a dangerous offender or a long-term offender under Part XXIV, as the case may be; or (b) dismiss the application. No appeal (4) A decision of the Minister of Justice made under subsection (3) is final and is not subject to appeal. 2002, c. 13, s. 71
Criminal Code — C-46 696.4
Considerations 696.4 In making a decision under subsection 696.3(3), the Minister of Justice shall take into account all matters that the Minister considers relevant, including (a) whether the application is supported by new matters of significance that were not considered by the courts or previously considered by the Minister in an application in relation to the same conviction or finding under Part XXIV; (b) the relevance and reliability of information that is presented in connection with the application; and (c) the fact that an application under this Part is not intended to serve as a further appeal and any remedy available on such an application is an extraordinary remedy. 2002, c. 13, s. 71
Criminal Code — C-46 696.5
Annual report 696.5 The Minister of Justice shall within six months after the end of each financial year submit an annual report to Parliament in relation to applications under this Part. 2002, c. 13, s. 71
Criminal Code — C-46 696.6
Regulations 696.6 The Governor in Council may make regulations (a) prescribing the form of, the information required to be contained in and any documents that must accompany an application under this Part; (b) prescribing the process of review in relation to applications under this Part, which may include the following stages, namely, preliminary assessment, investigation, reporting on investigation and decision; and (c) respecting the form and content of the annual report under section 696.5. 2002, c. 13, s. 71
Criminal Code — C-46 696.7
Definitions 696.7 The following definitions apply in this Part. applicant in relation to a miscarriage of justice review application made to the Commission, means the person who is the subject of the finding or verdict in question. ( demandeur ) Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1). ( Commission ) Minister means the Minister of Justice. ( ministre ) 2024, c. 33, s. 4
Criminal Code — C-46
applicant in relation to a miscarriage of justice review application made to the Commission, means the person who is the subject of the finding or verdict in question. ( demandeur )
Criminal Code — C-46
Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1). ( Commission )
Criminal Code — C-46
Minister means the Minister of Justice. ( ministre )
Criminal Code — C-46 696.71
Commission established 696.71 (1) The Miscarriage of Justice Review Commission is established. Composition (2) The Commission consists of a Chief Commissioner and four to eight other commissioners, all of whom are appointed to hold office during good behaviour by the Governor in Council on the recommendation of the Minister. Head office (3) The head office of the Commission must be in a place in Canada that is designated by the Governor in Council. 2024, c. 33, s. 4
Criminal Code — C-46 696.72
Mandate 696.72 The Commission’s mandate is to (a) review applications made under Part XXI.1 on the grounds of miscarriage of justice after section 3 of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) comes into force; (b) make recommendations to address systemic issues that may lead to miscarriages of justice to relevant public authorities and bodies, including the Law Commission of Canada, federal-provincial-territorial committees and working groups, federal departments and agencies and parliamentary committees. 2024, c. 33, s. 4
Criminal Code — C-46 696.73
Diversity 696.73 In making recommendations for commissioner appointments, the Minister must seek to reflect the diversity of Canadian society and must take into account considerations such as gender equality and the overrepresentation of certain groups in the criminal justice system, including Indigenous peoples and Black persons. 2024, c. 33, s. 4
Criminal Code — C-46 696.74
Full- or part-time commissioners 696.74 The Chief Commissioner is a full-time commissioner. The other commissioners may be appointed as full-time or part-time commissioners. 2024, c. 33, s. 4
Criminal Code — C-46 696.75
Knowledge and experience 696.75 (1) The commissioners must have, in the opinion of the Governor in Council, knowledge and experience that is related to the Commission’s mandate. Legal qualifications (2) At least one third of the commissioners, including the Chief Commissioner, must be members in good standing of the bar of a province and have at least ten years’ experience in the practice of criminal law at the time of their appointment. Diversity of qualifications (3) At least one half of the commissioners must not, if possible, be persons described in subsection (2). 2024, c. 33, s. 4
Criminal Code — C-46 696.76
Role of Chief Commissioner 696.76 (1) The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the work and employees of the Commission. Absence, incapacity or vacancy (2) If the Chief Commissioner is absent or incapacitated or if their office is vacant, the Commission may authorize another commissioner who is a person described in subsection 696.75(2) to act as Chief Commissioner. The authorized commissioner is not, however, authorized to act as Chief Commissioner for more than 90 days without the Governor in Council’s approval. 2024, c. 33, s. 4