INTRODUCTION AND BRIEF DESCRIPTION

The definition of clerk of the appeal court in Part XXI includes a local clerk of the appeal court.

SECTION WORDING

785 In this Part, "clerk of the appeal court" includes a local clerk of the appeal court.

EXPLANATION

Section 785 of the Criminal Code of Canada pertains to the definition of the term "clerk of the appeal court" as it is used in Part XXI of the Code. Part XXI deals with appeals from acquittals and convictions in criminal cases. Essentially, the section clarifies that when the term "clerk of the appeal court" is used in Part XXI, it includes both the clerk of the appeal court at the provincial or territorial level, as well as the local clerks of the appeal court in each region. This definition is important because the clerk of the appeal court plays a critical role in the appeals process. They are responsible for managing the administrative tasks associated with an appeal, such as maintaining the court records, scheduling court appearances, and communicating with the parties involved in the appeal. Without a clear definition of who is considered the "clerk of the appeal court," confusion could arise as to who should be carrying out these important tasks. By including both the provincial-level clerk of the appeal court and the local clerks of the appeal court in this definition, Section 785 ensures that all clerks who are involved in the appeals process are recognized and empowered to carry out their duties. This helps to ensure that the appeals process operates smoothly and efficiently, and that justice is served in a timely manner. Overall, Section 785 is a small but important provision in the Criminal Code of Canada that helps to clarify the roles and responsibilities of those involved in the appeals process. By defining the term "clerk of the appeal court," the section ensures that all parties involved in an appeal - from the judges and lawyers to the court administrators - are able to operate effectively and efficiently.

COMMENTARY

Section 785 of the Criminal Code of Canada is a necessary provision that clarifies the role of the clerk of the appeal court. While this provision may seem straightforward, it serves an essential purpose in the Canadian legal system. The appeal court plays a vital role in the justice system by determining whether or not lower court decisions were legally sound. An appeal court can overturn a lower court's decision, grant a new trial, or amend a sentence. The clerk of the appeal court plays an important role in facilitating the process of appeals. The role of the clerk of the appeal court is to manage the administrative aspects of the court, such as filing documents, keeping records, and scheduling hearings. They are responsible for processing the paperwork submitted by appellants and ensuring that all necessary information is organized and available to the judges. The function of the clerk of the appeal court is critical in ensuring that the appeals process runs smoothly and efficiently. Their work ensures that appeals are heard promptly, and the judges have access to all relevant information needed to make a decision fairly. The inclusion of "local clerk of the appeal court" in Section 785 of the Criminal Code recognizes the importance of having someone knowledgeable of local procedures and practices. The local clerk of the appeal court has in-depth knowledge of the legal and administrative requirements in their community. This makes them an invaluable resource for appellants who may be unfamiliar with the appeal process. Furthermore, this provision helps safeguard against potential confusion caused by changes or variations in legislation, court rules, and regulations. Codifying the definition of the clerk of the appeal court helps ensure clarity and consistency in the legal system. It also enables appellants to have confidence in the appeal process and reinforces the legitimacy of the justice system. Ultimately, Section 785 of the Criminal Code of Canada is a small but significant provision that helps ensure transparency and fairness in the appeals process. It recognizes the essential contribution of the clerk of the appeal court and ensures that the process is consistent, efficient, and accessible. The provision serves as a reminder that the law is not only about the application of rules but is also about ensuring that justice is served.

STRATEGY

Section 785 of the Criminal Code of Canada is a crucial provision for criminal appeals lawyers across the country. The provision defines the term clerk of the appeal court" and expands the scope of its meaning to include local clerks of the appeal court. In practical terms, this means that lawyers can file their appeal documents at any local appeal court, and it will be treated as if it has been filed directly with the court of appeal. Strategic Considerations: One of the primary strategic considerations when dealing with Section 785 is the convenience factor. Filing a notice of appeal or other document with a local clerk of the court of appeal provides flexibility to lawyers and clients. Often, local appeal courts are closer to the client's residential or business address, meaning less time and money spent on travel expenses to file documents in person. Additionally, some appeal courts, like the Ontario Court of Appeal, accept electronic filings, which saves both time and money. Another strategic consideration is timing. When dealing with appeals, timing is of the essence. The rules surrounding filing and service of appeal documents are strict, and failure to comply with the timelines can lead to the dismissal of an appeal. By using a local clerk of the appeal court, lawyers can take advantage of the extended office hours. This means that an appeal document can be filed and stamped with a court date even if the deadline is close to expiry. Strategies that could be employed: One strategy that could be employed is the use of a courier service. Many local appeal courts have different cut-off times for accepting documents in person versus those received by courier. Using a courier service with a later cut-off time can provide additional time to finalize an appeal document before submission. Another strategy is to leverage technology. As mentioned earlier, some appeal courts accept electronic filings, such as the Ontario Court of Appeal. By using this option, lawyers can file and serve appeal documents from the convenience of their office, home or car, whenever they want. This option reduces the amount of physical papers that need to be submitted, saves time and can be more cost-effective than traditional filing methods. A final strategy that can be employed is the use of a legal filing service. This service can provide outsourcing for the physical filing of appeal documents, either in-person or via courier. This can be especially useful when dealing with out-of-province appeals, where travel costs and time limits may prove challenging. In conclusion, Section 785 of the Criminal Code of Canada provides lawyers with the flexibility to file appeal documents at a local clerk of the appeal court. The convenience of this option, coupled with the strategic factors outlined above, can benefit both lawyers and clients. Lawyers should consider leveraging technology, using courier services, and potentially employing legal filing services to navigate this section of the Code more efficiently.