Criminal Code of Canada - section 759(7) - Part XXI applies re appeals

section 759(7)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the application of Part XXI with modifications to appeals under this section.

SECTION WORDING

759(7) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this section.

EXPLANATION

Section 759(7) of the Criminal Code of Canada outlines the procedural requirements for appeals under this section. This section can be understood in the context of Part XXI of the Criminal Code, which deals with appeals in criminal proceedings. Part XXI sets out the procedures that must be followed when appealing a conviction or sentence in a criminal matter. Section 759(7) states that the provisions of Part XXI apply to appeals under this section, but with modifications as required by the circumstances. In other words, the procedures for appealing a conviction or sentence in a criminal matter must be followed when appealing under Section 759(7), but there may be some modifications that need to be made to fit the specific circumstances of the case. Appeals under Section 759(7) are generally made in situations where a party is not satisfied with the decision of the appeal court and wishes to appeal that decision to a higher court. For example, if a defendant is convicted and appeals their conviction to the appeal court, but the appeal court upholds the conviction, the defendant may then appeal to a higher court. The purpose of this section is to ensure that appeals under this section are subject to the same procedural requirements as other appeals in criminal matters. By providing the necessary modifications to the procedures as required, this section ensures that the appeal process is fair and consistent across all criminal appeals. This ensures that parties to the appeal, whether it's the defendant, the prosecutor or another party to the matter, are provided with a transparent process to appeal the decision.

COMMENTARY

Section 759(7) of the Criminal Code of Canada is a provision that outlines how the appeals process should be handled in cases that fall under Part XXI of the Criminal Code. It indicates that the same procedures for appeals are applicable for appeals coming from section 759. However, the circumstances may require certain modifications to be made in order to ensure that the appeals process is fair and effective. Part XXI of the Criminal Code is an extensive section that deals with offences, penalties and procedures for appeals. The provisions in this section outline the appellate process to be followed by those convicted of a crime. They cover everything from the right to appeal to the time limits for appeals and the grounds on which appeals can be made. The purpose of Section 759(7) is to ensure that the appeals process is consistent across the board, regardless of the type of offence. The provision acknowledges that the appeals process may need to be modified slightly in order to fit the circumstances of the case, but all in all, the same principles apply. It is essential that the appeals process is fair, swift and transparent. The appellate system plays a critical role in the criminal justice process, and any flaws or inconsistencies in the system can lead to miscarriages of justice. The principle of allowing appeals is central to the justice system, and in accordance to that, Section 759(7) provides a way of ensuring that appeals from section 759 are dealt with in the same manner as any other appeal. The provision highlights the importance of ensuring that individual rights are respected, and that the appellate process is open to individuals who want to contest their conviction. It also emphasizes the importance of flexibility. The circumstances surrounding each case can be unique and call for specific modifications to be made. This provision recognizes this and allows the necessary changes to be made to the appellate process, to ensure that all parties involved get a fair hearing. Without the provision of Section 759(7), there would be no clear direction on how the appeals process should be taken up. This may result in situations where some cases are handled differently, leading to confusion and inconsistency in the criminal justice system. In conclusion, Section 759(7) is a provision that plays a key role in ensuring that the appellate process for appeals from Part XXI of the Criminal Code is efficient and effective. It is essential to the overall justice system, and the right to appeal is at the heart of the criminal justice system. The provision allows the appellate process to be flexible enough to cater to unique circumstances, while still maintaining the same standards of fairness, openness, and transparency.

STRATEGY

Section 759(7) of the Criminal Code of Canada is a provision that outlines the procedure to be followed when appealing against a sentence. The appeals process is a critical element of the Canadian justice system that ensures that defendants are not unfairly sentenced, and that there is fairness and impartiality in the criminal justice system. The procedure for appeals under this section is similar to that provided for in Part XXI of the Criminal Code. However, there may be certain modifications necessary to ensure that the circumstances are adequately addressed. Some of the strategic considerations when dealing with this section include the following: 1. Timing of the appeal One critical strategic consideration is the timing of the appeal. In Canada, there are strict timelines for filing an appeal, and missing the deadline can have serious implications. Therefore, it is vital to act promptly when appealing against a sentence. 2. Grounds for appeal Another strategic consideration is the grounds for the appeal. It is essential to identify and articulate the grounds for the appeal accurately. In Canada, there are specific legal grounds for sentencing appeals, such as errors in law or fact. Therefore, it is essential to ensure that the grounds for appeal fall within the legally recognized parameters. 3. Selection of counsel The selection of counsel is another critical strategic consideration. When appealing against a sentence, it is vital to choose a competent and experienced criminal defense lawyer. This counsel should have knowledge and expertise in the Canadian criminal justice system, including the appeals process and the nuances of the sentencing process. 4. The scope of the appeal The scope of the appeal is another essential strategic consideration. When appealing against a sentence, it is critical to determine what actions are within the appellate court's jurisdiction. For instance, some appellate courts may have the power to vary the sentence handed down, while others may only have the power to order a new sentencing hearing. 5. The impact of the appeal Finally, the impact of the appeal is a strategic consideration. It is essential to think carefully about the potential outcomes of the appeal and how they may affect the defendant's life and future. For instance, if the appellate court overturns the sentence, it could lead to a retrial or a new sentence, which could have a significant impact on the defendant's life. There are several strategies that one can use when dealing with this section of the Criminal Code of Canada. These strategies include the following: 1. Document review One essential strategy is to conduct a thorough document review. This review should include reviewing the transcripts of the trial and the sentencing hearing. This review can help identify issues or omissions that could be used as grounds for appeal. 2. Drafting the notice of appeal Another critical strategy is drafting the notice of appeal. This document is the first step in the appeal process, and it is essential to draft it accurately and thoroughly. The notice of appeal should provide a summary of the grounds for the appeal, the sentence under appeal, and the remedies sought. 3. Legal research Another important strategy is to conduct legal research. This research will help identify relevant case law and legal principles that could support the appeal. It can also help to identify any potential issues or challenges that may arise during the appeals process. 4. Argument preparation Preparing the appeal argument is a crucial strategy. The argument should be outlined in detail and presented logically and coherently. This argument should highlight the grounds for appeal and explain how they support the remedy sought. 5. Preparing for the hearing Finally, preparing for the hearing is critical. This preparation includes reviewing the relevant case law, preparing the argument outline, and practicing oral advocacy skills. It is also important to anticipate potential counterarguments and to address them proactively during the hearing. In conclusion, Section 759(7) of the Criminal Code of Canada is an essential provision that outlines the procedure for appeals against a sentence. Several strategic considerations and strategies can be used when dealing with this section. These strategies include document review, drafting the notice of appeal, legal research, argument preparation, and preparing for the hearing. By employing these strategies effectively, defendants can put themselves in the best possible position to achieve a favorable outcome.