INTRODUCTION AND BRIEF DESCRIPTION
Section 673 of the Criminal Code defines the term court of appeal and specifies the appropriate court for hearing appeals from indictable offenses in each province or territory.
SECTION WORDING
673 In this Part, "court of appeal" means the court of appeal, as defined by the definition "court of appeal" in section 2, for the province or territory in which the trial of a person by indictment is held.
EXPLANATION
Section 673 of the Criminal Code of Canada defines the term "court of appeal" as it pertains to the criminal justice system. Specifically, it states that the court of appeal, as defined in section 2 of the Criminal Code, is the appellate court for the province or territory in which a person's trial by indictment is held. An appellate court is a higher court that reviews the decisions of lower courts, such as trial courts, to determine if any errors were made in the application of the law. In Canada, each province and territory has its own court of appeal, and the Supreme Court of Canada is the highest court in the country. This section is important because it clarifies which court is responsible for hearing appeals from decisions made in criminal trials. The court of appeal is responsible for reviewing both questions of law and fact, and can overturn a lower court's decision if it finds that the decision was made in error. It is worth noting that not all criminal cases are eligible for appeal to the court of appeal. For example, summary conviction offences, which are less serious offences, are generally not eligible for appeal to the court of appeal. Instead, these cases are heard by a provincial court judge or a judge of the superior court of the province, depending on the jurisdiction. Overall, section 673 serves an important role in ensuring that appeals in criminal cases are heard by the appropriate court. By providing a clear definition of the term "court of appeal", this section helps to ensure that appeals are heard fairly and efficiently.
COMMENTARY
Section 673 of the Criminal Code of Canada provides an important definition for Part XXI of the Code, which deals with appeals from convictions and sentencing. In essence, this section clarifies what is meant by the term "court of appeal", which is a key player in the appellate process. According to section 673, a court of appeal is defined as the court of appeal for the province or territory in which the trial of a person by indictment is held. This means that each province and territory in Canada has its own court of appeal, and that these courts are the ones with jurisdiction to hear appeals from criminal convictions and sentences that take place within their geographical boundaries. The importance of this definition cannot be overstated, as it helps to ensure consistency and fairness in the criminal justice system. By providing a clear definition of what constitutes a court of appeal, the Criminal Code of Canada ensures that appeals are heard by the appropriate court, and that the rights of accused persons are protected throughout the appeal process. Moreover, this section highlights the decentralised nature of Canada's legal system, in which each province and territory has its own laws and courts. While this can sometimes make things more complex, it can also serve to better reflect the unique needs and circumstances of different regions within the country, and ensure that justice is administered in a way that is effective and appropriate for each context. Overall, section 673 is a small but essential part of the Criminal Code of Canada, providing important clarity and structure to the appellate process. By defining what constitutes a court of appeal for the purposes of Part XXI, this section helps to ensure that appeals are handled in a fair and consistent manner across the country, while also reflecting Canada's diverse and decentralised legal system.
STRATEGY
The Court of Appeal plays a crucial role in the Canadian criminal justice system, and Section 673 of the Criminal Code defines this role. The Court of Appeal is the highest court in the province or territory and is responsible for hearing appeals from lower courts, including the Provincial Court and the Superior Court of Justice. When a person is convicted of a criminal offense and sentenced to a term of imprisonment, they have the right to appeal their conviction or sentence to the Court of Appeal. The Court of Appeal will review the case to ensure that the trial was conducted fairly and that the law was applied correctly. The Court of Appeal has the power to uphold the conviction and sentence, order a new trial, or set aside the conviction and enter an acquittal. The role of the Court of Appeal is to provide an independent and impartial review of the trial court's decision. The Court of Appeal does not rehear the entire case; instead, it reviews the evidence presented at trial and determines whether the verdict was reasonable based on that evidence. The Court of Appeal also reviews the trial judge's instructions to the jury and determines whether they were appropriate and accurate. In addition to reviewing criminal convictions, the Court of Appeal also hears appeals from individuals who have been denied bail or who are challenging their extradition to another country. The Court of Appeal may also be called upon to provide opinions on legal questions referred to it by the Attorney General or other authorities. Section 673 of the Criminal Code defines the term "court of appeal" and ensures that all appeals from indictable offenses are heard by the appropriate court. This section ensures that there is consistency in the appeals process across the country, as each province and territory has its own court of appeal. Overall, the Court of Appeal plays a crucial role in ensuring that the Canadian criminal justice system operates fairly and effectively. Its independence and impartiality ensure that individuals receive a fair hearing and that justice is served. Section 673 of the Criminal Code ensures that the Court of Appeal is defined consistently across the country and that individuals know where to go to appeal their convictions or sentences.
QUESTIONS AND ANSWERS
Q.
What is the purpose of section 673 of the Criminal Code?
A.
The purpose of section 673 of the Criminal Code is to define the term "court of appeal" and ensure that all appeals from indictable offenses are heard by the appropriate court.
Q.
What does "court of appeal" mean in section 673?
A.
In section 673, "court of appeal" means the court of appeal for the province or territory in which the trial of a person by indictment is held, as defined by the definition in section 2.
Q.
What is the role of the court of appeal in the criminal justice system?
A.
The court of appeal is responsible for hearing appeals from lower courts, including the Provincial Court and the Superior Court of Justice, and providing an independent and impartial review of the trial court's decision.
Q.
What can a person do if they are convicted of a criminal offense and sentenced to a term of imprisonment?
A.
A person who is convicted of a criminal offense and sentenced to a term of imprisonment has the right to appeal their conviction or sentence to the court of appeal.
Q.
What is the court of appeal's role in reviewing criminal convictions?
A.
The court of appeal reviews the case to ensure that the trial was conducted fairly and that the law was applied correctly, and has the power to uphold the conviction and sentence, order a new trial, or set aside the conviction and enter an acquittal.
Q.
Does the court of appeal rehear the entire case?
A.
No, the court of appeal does not rehear the entire case; instead, it reviews the evidence presented at trial and determines whether the verdict was reasonable based on that evidence.
Q.
What legal questions may the Court of Appeal be called upon to provide opinions on?
A.
The Court of Appeal may be called upon to provide opinions on legal questions referred to it by the Attorney General or other authorities.
Q.
What types of appeals may the Court of Appeal hear?
A.
The Court of Appeal may hear appeals from individuals who have been denied bail or who are challenging their extradition to another country.
Q.
Does each province and territory have its own court of appeal?
A.
Yes, each province and territory has its own court of appeal.
Q.
What does section 673 ensure in terms of consistency in the appeals process?
A.
Section 673 ensures consistency in the appeals process by defining the term "court of appeal" consistently across the country and ensuring that all appeals from indictable offenses are heard by the appropriate court.