INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the appeals process for individuals who feel aggrieved by orders made under specific subsections of the Criminal Code of Canada.
SECTION WORDING
490(17) A person who feels aggrieved by an order made under subsection (8), (9), (9.1) or (11) may appeal from the order (a) to the court of appeal as defined in section 673 if the order was made by a judge of a superior court of criminal jurisdiction, in which case sections 678 to 689 apply with any modifications that the circumstances require; or (b) to the appeal court as defined in section 812 in any other case, in which case sections 813 to 828 apply with any modifications that the circumstances require.
EXPLANATION
Section 490(17) of the Criminal Code of Canada provides individuals with the right to appeal an order made under subsections (8), (9), (9.1), or (11). These subsections deal with the seizure, detention, or forfeiture of property that may have been used in the commission of a crime, or may be proceeds of crime. An individual may feel aggrieved by an order made under these subsections if they believe that their property has been wrongfully seized or confiscated. They may wish to appeal the decision in order to have their property returned to them or to challenge the validity of the order. The right to appeal is granted either to the court of appeal or to the appeal court, depending on whether the order was made by a judge of a superior court of criminal jurisdiction or in any other case. The applicable laws and procedures for appeals are outlined in sections 678 to 689 and sections 813 to 828, respectively. This section is important in maintaining the balance between the rights of individuals and the powers of the state to seize and confiscate property in cases of criminal activity. It ensures that individuals have the option to challenge decisions made regarding their property and provides a way for them to seek redress if they believe their rights have been violated.
COMMENTARY
Section 490(17) of the Criminal Code of Canada grants an appellate right to individuals aggrieved by an order made under subsections (8), (9), (9.1), or (11). The right to appeal is an important safeguard that ensures judicial decisions are made with fairness and impartiality. It provides an avenue for individuals to challenge orders that they believe have been made wrongly or improperly. The statute of subsections (8), (9), (9.1), or (11) of section 490 of the Criminal Code of Canada pertains to the significant matter of property seizure by the state. This section grants the state the power to seize an individual's property, which may include assets, money, or other items, if it is believed to be related to a crime that the individual has allegedly committed. However, this power must be exercised with caution and judicial oversight. An order made under these subsections may impact the individual's rights, reputation, and livelihood. Hence, the provision of the appellate right serves as a safeguard in protecting the individual's constitutional rights. Section 490(17) lays down two distinct appellate procedures. First, if the order was made by a judge of a superior court of criminal jurisdiction, an appeal may be made to the court of appeal defined in section 673. Secondly, in all other cases, an appeal may be made to the appeal court as defined in section 812. The difference in appellate procedures stems from the authority of the judge making the order. Section 673 courts are courts of superior jurisdiction, while the courts defined under section 812 are appointed to hear appeals from courts of inferior jurisdiction. The appellate procedures provided under section 490(17) are in line with principles of natural justice and fair trial. An aggrieved individual may file an appeal within a prescribed period; the appellate court then reviews the decision made by the lower court and may uphold, vary, or overturn the order. The appellate court may also remit the matter for rehearing or further hearing to the lower court. Such appellate rights ensure that individuals are not deprived of their rights or property, without an objective review by the judiciary. Overall, section 490(17) is a crucial component of the Criminal Code of Canada that ensures the protection of individuals' rights against arbitrary property seizure by the state. It provides a fair and unbiased procedure for individuals to challenge decisions made by the judiciary. The appellate rights granted under this section serves as a bedrock of democracy and constitutionalism. It is essential that this provision is preserved, and the judicial process is free from undue external interference, to ensure fair and just adjudication of disputes.
STRATEGY
Section 490(17) of the Criminal Code of Canada provides a mechanism for appealing orders made under subsections (8), (9), (9.1), or (11). The section outlines two possible avenues for appeal depending on the circumstances, and some strategic considerations should be kept in mind when dealing with this section of the Code. One of the key strategic considerations is to determine whether an appeal is necessary or not. Appeals can be time-consuming and expensive, so it's essential to weigh the potential benefits against the costs. If an order has been made unfairly or is not in line with the law, then an appeal may be appropriate. In contrast, if an order was made accurately and legitimately, it might be better to accept the ruling and move forward. Another critical strategic consideration is to decide which avenue of appeal is appropriate for a given circumstance. As per section 490(17), if the order was made by a judge of a superior court of criminal jurisdiction, the appeal must be made to the court of appeal as defined in section 673, in which case sections 678 to 689 apply. If the order was made in any other case, the appeal must be made to the appeal court as defined in section 812, in which case sections 813 to 828 apply. The choice of the appeal court and the sections of the Criminal Code to use will depend on various factors, including the nature of the order in question, the laws surrounding it, and the available resources. Another strategic consideration is the requirement for modifications to the appeals process for a given case. As stated in section 490(17), modifications may be necessary depending on the circumstances. For example, if the order in question involves complex legal issues, modifications to the appeals process may be required to ensure the case is dealt with more efficiently. When formulating a strategy for appealing an order under section 490(17), it's essential to ensure that all relevant information has been considered and presented efficiently and effectively. This can involve identifying legal issues likely to arise on appeal and presenting them in a clear and concise manner. An effective strategy will also involve a comprehensive understanding of the law in question and an ability to persuasively argue a case in front of a judge. In terms of strategies that could be employed when dealing with section 490(17), a strategic approach could include filing an appeal only once there is a clear and compelling legal issue or error. It might also involve presenting information in a clear and concise manner and collaborating with experienced legal professionals to strengthen an appeal. Further, a strategic approach could involve thoughtful and measured decision-making, taking into account the potential risks and benefits of pursuing an appeal. In conclusion, section 490(17) of the Criminal Code of Canada provides a mechanism for appealing orders made under subsections (8), (9), (9.1), or (11). Strategic considerations when dealing with this section of the Code include determining whether an appeal is necessary, deciding which avenue of appeal to take, implementing modifications to the appeals process as required, presenting information effectively and efficiently, and employing careful decision-making. The strategies that could be employed when dealing with this section include filing an appeal when there is a clear and compelling legal issue, collaborating with experienced legal professionals, and taking thoughtful, measured actions that consider the potential risks and benefits of pursuing an appeal.