Criminal Code (R.S.C., 1985, c. C-46)

Definition of “appeal court”

• 829. (1) Subject to subsection (2), for the purposes of sections 830 to 838, “appeal court” means, in any province, the superior court of criminal jurisdiction for the province.

• Marginal note:Nunavut

  (2) If the appeal is from a conviction, judgment, verdict or other final order or determination of a summary conviction court consisting of a judge of the Nunavut Court of Justice, “appeal court” means a judge of the Court of Appeal of Nunavut.

Marginal note:Appeals

• 830. (1) A party to proceedings to which this Part applies or the Attorney General may appeal against a conviction, judgment, verdict of acquittal or verdict of not criminally responsible on account of mental disorder or of unfit to stand trial or other final order or determination of a summary conviction court on the ground that

  • (a) it is erroneous in point of law;

  • (b) it is in excess of jurisdiction; or

  • (c) it constitutes a refusal or failure to exercise jurisdiction.

• Marginal note:Form of appeal

  (2) An appeal under this section shall be based on a transcript of the proceedings appealed from unless the appellant files with the appeal court, within fifteen days of the filing of the notice of appeal, a statement of facts agreed to in writing by the respondent.

• Marginal note:Rules for appeals

  (3) An appeal under this section shall be made within the period and in the manner directed by any applicable rules of court and where there are no such rules otherwise providing, a notice of appeal in writing shall be served on the respondent and a copy thereof, together with proof of service, shall be filed with the appeal court within thirty days after the date of the conviction, judgment or verdict of acquittal or other final order or determination that is the subject of the appeal.

• Marginal note:Rights of Attorney General of Canada

  (4) 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 section.

Marginal note:Application

831. The provisions of sections 816, 817, 819 and 825 apply, with such modifications as the circumstances require, in respect of an appeal under section 830, except that on receiving an application by the person having the custody of an appellant described in section 819 to appoint a date for the hearing of the appeal, the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, give such directions as it thinks necessary for expediting the hearing of the appeal.