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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-09-09 and last amended on 2020-07-01. Previous Versions

PART XXIAppeals — Indictable Offences (continued)

Procedure on Appeals (continued)

Marginal note:Service where respondent cannot be found

 Where a respondent cannot be found after reasonable efforts have been made to serve the respondent with a notice of appeal or notice of an application for leave to appeal, service of the notice of appeal or the notice of the application for leave to appeal may be effected substitutionally in the manner and within the period directed by a judge of the court of appeal.

  • R.S., 1985, c. 27 (1st Supp.), s. 140
  • 1992, c. 1, s. 60(F)

Marginal note:Release pending determination of appeal

  •  (1) A judge of the court of appeal may, in accordance with this section, release an appellant from custody pending the determination of his appeal if,

    • (a) in the case of an appeal to the court of appeal against conviction, the appellant has given notice of appeal or, where leave is required, notice of his application for leave to appeal pursuant to section 678;

    • (b) in the case of an appeal to the court of appeal against sentence only, the appellant has been granted leave to appeal; or

    • (c) in the case of an appeal or an application for leave to appeal to the Supreme Court of Canada, the appellant has filed and served his notice of appeal or, where leave is required, his application for leave to appeal.

  • Marginal note:Notice of application for release

    (2) Where an appellant applies to a judge of the court of appeal to be released pending the determination of his appeal, he shall give written notice of the application to the prosecutor or to such other person as a judge of the court of appeal directs.

  • Marginal note:Circumstances in which appellant may be released

    (3) In the case of an appeal referred to in paragraph (1)(a) or (c), the judge of the court of appeal may order that the appellant be released pending the determination of his appeal if the appellant establishes that

    • (a) the appeal or application for leave to appeal is not frivolous;

    • (b) he will surrender himself into custody in accordance with the terms of the order; and

    • (c) his detention is not necessary in the public interest.

  • Marginal note:Idem

    (4) In the case of an appeal referred to in paragraph (1)(b), the judge of the court of appeal may order that the appellant be released pending the determination of his appeal or until otherwise ordered by a judge of the court of appeal if the appellant establishes that

    • (a) the appeal has sufficient merit that, in the circumstances, it would cause unnecessary hardship if he were detained in custody;

    • (b) he will surrender himself into custody in accordance with the terms of the order; and

    • (c) his detention is not necessary in the public interest.

  • Marginal note:Conditions of release order

    (5) If the judge of the court of appeal does not refuse the appellant’s application, the judge shall make a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include a condition that the accused surrender themselves into custody in accordance with the order.

  • Marginal note:Immediate release of appellant

    (5.1) The person having the custody of the appellant shall, if the appellant complies with the release order, immediately release the appellant.

  • Marginal note:Applicable provisions

    (6) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

  • Marginal note:Release or detention pending hearing of reference

    (7) If, with respect to any person, the Minister of Justice gives a direction or makes a reference under section 696.3, this section applies to the release or detention of that person pending the hearing and determination of the reference as though that person were an appellant in an appeal described in paragraph (1)(a).

  • Marginal note:Release or detention pending new trial or new hearing

    (7.1) Where, with respect to any person, the court of appeal or the Supreme Court of Canada orders a new trial, section 515 or 522, as the case may be, applies to the release or detention of that person pending the new trial or new hearing as though that person were charged with the offence for the first time, except that the powers of a justice under section 515 or of a judge under section 522 are exercised by a judge of the court of appeal.

  • Marginal note:Application to appeals on summary conviction proceedings

    (8) This section applies to applications for leave to appeal and appeals to the Supreme Court of Canada in summary conviction proceedings.

  • (9) [Repealed, 2019, c. 25, s. 279]

  • Marginal note:Directions for expediting appeal, new trial, etc.

    (10) A judge of the court of appeal, where on the application of an appellant he does not make an order under subsection (5) or where he cancels an order previously made under this section, or a judge of the Supreme Court of Canada on application by an appellant in the case of an appeal to that Court, may give such directions as he thinks necessary for expediting the hearing of the appellant’s appeal or for expediting the new trial or new hearing or the hearing of the reference, as the case may be.

  • R.S., 1985, c. C-46, s. 679
  • R.S., 1985, c. 27 (1st Supp.), s. 141
  • 1997, c. 18, s. 95
  • 1999, c. 25, s. 14(Preamble)
  • 2002, c. 13, s. 66
  • 2019, c. 25, s. 279

Marginal note:Review by court of appeal

  •  (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,

  • Marginal note:Single judge acting

    (2) On consent of the parties, the powers of the court of appeal under subsection (1) may be exercised by a judge of that court.

  • Marginal note:Enforcement of decision

    (3) A decision as varied or substituted under this section shall have effect and may be enforced in all respects as though it were the decision originally made.

  • R.S., 1985, c. C-46, s. 680
  • R.S., 1985, c. 27 (1st Supp.), s. 142
  • 1994, c. 44, s. 68
  • 2018, c. 21, s. 22
  • 2019, c. 25, s. 280
  • 2019, c. 25, s. 402

 [Repealed, 1991, c. 43, s. 9]

Marginal note:Report by judge

  •  (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.

  • Marginal note: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]

  • Marginal note: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).

  • Marginal note: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

Marginal note:Powers of court of appeal

  •  (1) For the purposes of an appeal under this Part, the court of appeal may, where it considers it in the interests of justice,

    • (a) order the production of any writing, exhibit or other thing connected with the proceedings;

    • (b) order any witness who would have been a compellable witness at the trial, whether or not he was called at the trial,

      • (i) to attend and be examined before the court of appeal, or

      • (ii) to be examined in the manner provided by rules of court before a judge of the court of appeal, or before any officer of the court of appeal or justice of the peace or other person appointed by the court of appeal for the purpose;

    • (c) admit, as evidence, an examination that is taken under subparagraph (b)(ii);

    • (d) receive the evidence, if tendered, of any witness, including the appellant, who is a competent but not compellable witness;

    • (e) order that any question arising on the appeal that

      • (i) involves prolonged examination of writings or accounts, or scientific or local investigation, and

      • (ii) cannot in the opinion of the court of appeal conveniently be inquired into before the court of appeal,

      be referred for inquiry and report, in the manner provided by rules of court, to a special commissioner appointed by the court of appeal;

    • (f) act on the report of a commissioner who is appointed under paragraph (e) in so far as the court of appeal thinks fit to do so; and

    • (g) amend the indictment, unless it is of the opinion that the accused has been misled or prejudiced in his defence or appeal.

  • Marginal note:Parties entitled to adduce evidence and be heard

    (2) In proceedings under this section, the parties or their counsel are entitled to examine or cross-examine witnesses and, in an inquiry under paragraph (1)(e), are entitled to be present during the inquiry, to adduce evidence and to be heard.

  • Marginal note:Remote appearance

    (2.1) In proceedings under this section, the court of appeal may order that a party appear by audioconference or videoconference, if the technological means is satisfactory to the court.

  • Marginal note:Virtual presence of witnesses

    (2.2) Sections 714.1 to 714.8 apply, with any modifications that the circumstances require, to examinations and cross-examinations of witnesses under this section.

  • Marginal note:Application of sections 715.25 and 715.26

    (2.3) Sections 715.25 and 715.26 apply, with any modifications that the circumstances require, to proceedings under this section.

  • Marginal note:Other powers

    (3) A court of appeal may exercise, in relation to proceedings in the court, any powers not mentioned in subsection (1) that may be exercised by the court on appeals in civil matters, and may issue any process that is necessary to enforce the orders or sentences of the court, but no costs shall be allowed to the appellant or respondent on the hearing and determination of an appeal or on any proceedings preliminary or incidental thereto.

  • Marginal note:Execution of process

    (4) Any process that is issued by the court of appeal under this section may be executed anywhere in Canada.

  • Marginal note:Power to order suspension

    (5) If an appeal or an application for leave to appeal has been filed in the court of appeal, that court, or a judge of that court, may, when the court, or the judge, considers it to be in the interests of justice, order that any of the following be suspended until the appeal has been determined:

    • (a) an obligation to pay a fine;

    • (b) an order of forfeiture or disposition of forfeited property;

    • (c) an order to make restitution under section 738 or 739;

    • (d) an obligation to pay a victim surcharge under section 737;

    • (e) a probation order under section 731; and

    • (f) a conditional sentence order under section 742.1.

  • Marginal note:Release order or recognizance

    (5.1) Before making an order under paragraph (5)(e) or (f), the court of appeal, or a judge of that court, may make a release order or order the offender to enter into a recognizance.

  • Marginal note: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.

  • Marginal note: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
 
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