Criminal Code of Canada - section 762(2) - Definition of clerk of the court

section 762(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines the term clerk of the court for the purposes of Part XXVII of the Criminal Code.

SECTION WORDING

762(2) In this Part, "clerk of the court" means the officer designated in column III of the schedule in respect of the court designated in column II of the schedule;

EXPLANATION

Section 762(2) of the Criminal Code of Canada provides a definition for the term "clerk of the court" as it is used in Part XXVII of the Code. This Part deals with the procedure for appeals to the Supreme Court of Canada and sets out the requirements for filing appeals and the role of the clerk of the court in this process. The section specifies that the term "clerk of the court" refers to the officer who is designated in column III of the schedule in respect of the court designated in column II of the schedule. The schedule referred to is a list of courts and their respective clerks, which is included in the Criminal Code. The role of the clerk of the court in Part XXVII is to receive and file appeals, to issue notices of appeal, and to maintain and provide access to the records of the court. The clerk is responsible for ensuring that all necessary documents are filed and that the appeal process runs smoothly. The purpose of defining the term "clerk of the court" in this section is to ensure that there is clarity and consistency in the use of this term throughout Part XXVII of the Criminal Code. By providing a specific definition, the section helps to avoid any confusion or ambiguity that could arise from different interpretations of the term. Overall, section 762(2) plays an important role in ensuring that the appeal process to the Supreme Court of Canada is carried out effectively and efficiently. Its clear definition of the term "clerk of the court" helps to facilitate this process and ensure that everyone involved understands their roles and responsibilities.

COMMENTARY

Section 762(2) of the Criminal Code of Canada defines the term clerk of the court" for the purpose of Part XXVII of the Code. This part deals with the procedures for appeals from summary convictions. The definition in this section is important because it clarifies who may perform the duties of a clerk of the court in relation to these types of appeals. According to the section, a clerk of the court is an officer designated in column III of the schedule in respect of the court designated in column II of the schedule. This means that the officer tasked with performing the duties of a clerk of the court will vary depending on the court in which the appeal is being heard. For example, in the case of an appeal from a summary conviction in Ontario Court of Justice, the clerk of the court would be the officer designated in column III of the schedule for that court. The purpose of the designation in the schedule is to ensure that each court has an officer with the necessary knowledge and skills to perform the duties of a clerk of the court. These duties include accepting and processing paperwork relating to the appeal, scheduling hearings, and facilitating communication between the parties involved in the appeal. The role of the clerk of the court in an appeal from a summary conviction is critical to ensuring that the process runs smoothly and efficiently. The clerk of the court is responsible for ensuring that all of the necessary paperwork is submitted and processed in a timely manner, and that the parties involved are aware of their obligations and responsibilities in relation to the appeal. Without a clearly defined clerk of the court, there could be confusion and delays in the process, which could negatively impact the parties involved. Overall, section 762(2) of the Criminal Code of Canada is an essential provision that serves to clarify the role of the clerk of the court in appeals from summary convictions. It ensures that each court has an officer designated to perform the necessary duties, and that the parties involved in the appeal are aware of who to contact and what their responsibilities are. By providing this clarity, the section helps to promote the efficient and effective administration of justice in Canada.

STRATEGY

Section 762(2) of the Criminal Code of Canada defines the term "clerk of the court" for the purpose of Part XXVII of the Code. This Part of the Code deals with summary conviction appeal proceedings. The "clerk of the court" is the officer designated in column III of the schedule in respect of the court designated in column II of the schedule. This section is important because it clarifies who is responsible for certain administrative duties related to appeal proceedings, and it highlights the importance of understanding the court system and its processes when preparing an appeal. When dealing with Section 762(2), there are several strategic considerations that may be relevant. First, it is important to identify the correct officer who is designated as the clerk of the court in question. This information can be found in the schedule referred to in the section. If the wrong officer is identified as the clerk of the court, it could lead to delays or other complications in the appeal process. Second, it is important to understand the role of the clerk of the court in the appeal process. The clerk is responsible for certain administrative tasks such as filing notices of appeal, preparing court records, and providing copies of documents to parties involved in the appeal. As such, it is important to establish a good working relationship with the clerk and ensure that all necessary documents are filed in a timely manner. Third, it may be beneficial to consult with legal counsel when dealing with Section 762(2) and other aspects of the appeal process. A lawyer can provide guidance on the procedural requirements of the appeal process, assist with drafting legal documents, and help navigate any complications that may arise. Finally, it may be useful to employ certain strategies when preparing an appeal. For example, it may be helpful to conduct a thorough review of the trial record in order to identify errors or inconsistencies that could form the basis of the appeal. It could also be beneficial to gather additional evidence or expert opinions to support the appeal and enhance its chances of success. In conclusion, while Section 762(2) of the Criminal Code of Canada may seem obscure, it highlights the importance of understanding the court system and its processes when preparing an appeal. By identifying the correct officer designated as the clerk of the court, understanding the role of the clerk, consulting with legal counsel, and employing effective strategies, appellants can increase their chances of success in appealing a summary conviction.