Criminal Code of Canada - section 675(4) - Where application for leave to appeal refused by judge

section 675(4)

INTRODUCTION AND BRIEF DESCRIPTION

If a judge of the Court of Appeal refuses leave to appeal, the appellant may request the application to be determined by the Court of Appeal by filing a notice within seven days.

SECTION WORDING

675(4) Where a judge of the court of appeal refuses leave to appeal under this section otherwise than under paragraph (1)(b), the appellant may, by filing notice in writing with the court of appeal within seven days after the refusal, have the application for leave to appeal determined by the court of appeal.

EXPLANATION

Section 675(4) of the Criminal Code of Canada outlines the appeals process for individuals who have been convicted of a crime. This section deals with situations in which an appellant has been refused leave to appeal by a judge of the court of appeals. If an appellant has been refused leave to appeal, they have the option to file a notice in writing with the court of appeal within seven days. This notice serves to request that the court of appeal review the application for leave to appeal. Essentially, this section allows the appellant to appeal the judge's decision to refuse leave to appeal. By filing a notice with the court of appeal, the appellant is able to have their application for leave to appeal considered by a different judge or panel of judges. This section is important because it provides a mechanism for individuals who believe they have been wrongfully convicted to have their case heard by a higher court. Without this section, appellants who have been refused leave to appeal would have no further recourse, and the conviction would stand. Overall, Section 675(4) of the Criminal Code of Canada ensures that individuals who have been convicted of a crime have access to a fair and just appeals process. By providing a way for appellants to challenge a judge's decision to refuse leave to appeal, this section helps to uphold the principles of justice and fairness in Canada's criminal justice system.

COMMENTARY

Section 675(4) of the Criminal Code of Canada establishes the right of an appellant to appeal a refusal of leave to appeal by a judge of the court of appeal. This section is essential to ensure the protection of the rights of individuals who seek justice in the criminal justice system. The section elaborates on the options available to the appellant in case the leave to appeal is refused by a judge of the court of appeal. Under Section 675(1)(b), a judge of the court of appeal may refuse to grant leave to appeal based on certain conditions such as if there is no significant error made during the trial, or if the appeal is frivolous or vexatious. However, if the judge of the court of appeal refuses to grant leave under any other circumstance, the appellant has the option to appeal the decision. In this case, the appellant has seven days after the refusal to file a notice in writing with the court of appeal. The appellant can then have the application for leave to appeal determined by the court of appeal. This means that the appellant can request a review of the initial decision by a higher court. The court of appeal will re-examine the case to determine whether there was an error in the decision reached by the judge of the court of appeal who initially refused leave to appeal. Depending on the outcome of the review, the appellant may be granted leave to appeal, or the decision of the initial judge may be upheld. This section of the Criminal Code of Canada is crucial in ensuring that individuals have the opportunity to appeal any decision that they believe is unjust. It recognizes that one judge's decision may not always be the final word on a case. In criminal cases, the consequences of a wrongful conviction or sentence can be devastating on the defendant. Unjust convictions can result in the loss of livelihood, relationships, and even liberty. The ability to challenge these decisions is vital in ensuring that the justice system remains fair and objective, and the outcomes reflect the truth of the situation. The right to appeal also serves to ensure that justice is seen to be done, which is essential to maintain public trust in the criminal justice system. By granting appellants the right to appeal, the system shows the public that it is committed to fairness and transparency in all cases. The public, in turn, develops a greater sense of trust in the system and is more likely to cooperate with law enforcement agencies. In conclusion, Section 675(4) of the Criminal Code of Canada is a crucial element of the justice system in Canada. It recognizes the importance of protecting the rights of the accused and ensuring that the justice system remains transparent and fair. This section grants appellants the opportunity to appeal against any decision they believe to be unjust, and in doing so, ensures that the justice system reflects the truth of the situation and upholds the principles of justice and fairness.

STRATEGY

Section 675(4) of the Criminal Code of Canada allows an appellant who has been refused leave to appeal the right to file a notice of application within seven days after the refusal. This provision is important because it provides an avenue for a person seeking an appeal to pursue further legal action and potentially have their case heard by a higher court. However, there are various strategic considerations that must be taken into account when dealing with this section of the Criminal Code. One of the most important strategic considerations is the timing of the appeal. It is important to file the notice of application within seven days of the initial refusal, as failure to do so may result in the appeal being dismissed. There may also be other time limits or deadlines that must be considered depending on the specific circumstances of the case. It is therefore essential to work closely with a legal team to ensure all relevant deadlines are met. Another strategic consideration is the grounds of appeal. When filing the notice of application, the appellant must state the grounds on which the appeal is being sought. It is important to carefully consider these grounds and ensure that they are strong enough to persuade the court to grant leave to appeal. This may involve conducting further research and gathering additional evidence in support of the appeal. The strength of the legal team representing the appellant is also a strategic consideration. It is important to work with experienced and knowledgeable lawyers who are familiar with appeals to ensure that the best possible case is presented to the court of appeal. This may involve engaging multiple lawyers with different areas of expertise or seeking out lawyers who have successfully appealed similar cases in the past. The potential costs of pursuing the appeal are another strategic consideration. Appeals can be expensive, and it is important to carefully consider the financial implications of pursuing further legal action. This may involve seeking out funding sources or exploring alternative dispute resolution mechanisms. In terms of strategies that could be employed, there are several options available to appellants seeking to have their case heard. These may include: - Conducting further research to gather additional evidence in support of the appeal. - Engaging experts to provide testimony on relevant technical or scientific issues. - Seeking support from advocacy groups or other organizations that may be able to provide assistance in pursuing the appeal. - Exploring alternative dispute resolution mechanisms, such as mediation or arbitration, to avoid the costs and time associated with a traditional appeal. Overall, section 675(4) of the Criminal Code of Canada provides an important avenue for individuals seeking to appeal a decision. However, it is essential to carefully consider the various strategic considerations and employ the most effective strategies to maximize the chances of success.