INTRODUCTION AND BRIEF DESCRIPTION
The clerk of the appeal court must send the conviction or order and all relevant documents to the justice for enforcement.
SECTION WORDING
828(3) Where a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating thereto, except the notice of intention to appeal and any recognizance.
EXPLANATION
Section 828(3) of the Criminal Code of Canada outlines the process that must be followed when a conviction or order made by an appeal court needs to be enforced by a justice. In these cases, the clerk of the appeal court is responsible for sending the conviction or order and any other related documents to the justice who will be enforcing it. This section is important because it ensures that the justice who is responsible for enforcing the conviction or order has access to all of the necessary information and documentation. By having all of the relevant information in hand, the justice can make a more informed decision about how to proceed with the enforcement. It is worth noting that the only documents that are exempt from being sent to the justice are the notice of intention to appeal and any recognizance. These documents are not necessary for the enforcement of the conviction or order, and are therefore excluded from the requirement to be sent to the justice. Overall, Section 828(3) plays an important role in ensuring that the justice system runs smoothly and that all relevant parties have access to the information they need to make informed decisions. By streamlining the process for enforcing convictions and orders, this section helps to ensure that justice is delivered fairly and efficiently.
COMMENTARY
Section 828(3) of the Criminal Code of Canada outlines the procedure that must be followed when a conviction or order made by an appeal court needs to be enforced by a justice. This section places the onus on the clerk of the appeal court to send the conviction or order and all writings relating to it to the justice, excluding the notice of intention to appeal and any recognizance. This provision ensures that there is a clear process for enforcing orders and convictions made by an appellate court. The purpose of this provision is to ensure that when an appeal court makes a decision, it is properly enforced. This is important because orders and convictions made by an appeal court have already gone through a rigorous process of review, including oral arguments presented by both parties and written submissions. As such, any decision made by an appeal court is given significant weight and carries a level of authority that is not typically associated with lower courts. By mandating that the clerk of the court send the necessary materials to the justice, Section 828(3) ensures that the decision of the appeal court is given the proper respect that it deserves. Furthermore, this provision helps to streamline the process of enforcing convictions and orders made by appeal courts. Rather than requiring parties to navigate a complex set of procedures in order to have the decision enforced, Section 828(3) mandates a simple and clear process. This is particularly important because orders and convictions made by appeal courts often involve complex legal issues that can be difficult to navigate for those who are not legal professionals. Another important aspect of Section 828(3) is that it excludes the notice of intention to appeal and any recognizance from being sent to the justice. This exclusion ensures that the justice is only provided with the materials that are necessary for enforcing the order or conviction. The notice of intention to appeal and recognizance are documents that are used in the appeals process and have no bearing on the enforcement of the order or conviction. By excluding these documents, Section 828(3) helps to further streamline the process of enforcing orders and convictions made by appeal courts. In conclusion, Section 828(3) of the Criminal Code of Canada is an important provision that outlines the procedure for enforcing orders and convictions made by an appeal court. This provision places the responsibility on the clerk of the appeal court to send the necessary materials to the justice and excludes any unnecessary documents. By doing so, Section 828(3) ensures that decisions made by appeal courts are properly enforced and that the process for doing so is clear and streamlined. Ultimately, this provision helps to maintain the integrity of the justice system by ensuring that decisions made by appeal courts are given the proper respect that they deserve.
STRATEGY
The enforcement of convictions and orders that have been made by appeal courts can be a complicated and challenging process. Section 828(3) of the Criminal Code of Canada outlines the procedure to be followed when a justice is required to enforce such a conviction or order. This provision creates a number of strategic considerations that must be taken into account when dealing with this section of the Criminal Code. In this article, we will discuss some of these strategic considerations and explore strategies that can be employed to ensure effective enforcement of convictions and orders. One of the key strategic considerations when dealing with section 828(3) is ensuring that all necessary documents are obtained and prepared. The clerk of the appeal court is required to send all relevant documents to the enforcing justice, except for the notice of intention to appeal and any recognizance. This means that the justice must have access to the full record of the case, including all written judgments, orders, and reasons for decision. It may be necessary to obtain these documents from the appeal court or other sources, so that they can be provided to the justice. Another strategic consideration is ensuring that the enforcement proceedings are commenced at the appropriate time. The enforcement of a conviction or order can be subject to various time limits and deadlines, which need to be carefully monitored and adhered to in order to avoid delays or other complications. It is important to ensure that all necessary steps are taken promptly and within the required time frames. A third strategic consideration is ensuring that all procedural requirements are met. Depending on the nature of the conviction or order, there may be specific procedural requirements that need to be followed in order to enforce it. For example, if the order involves the payment of a fine or other penalty, there may be specific steps that need to be taken to enforce the debt. It is important to be familiar with these requirements and ensure that they are followed closely. In order to ensure effective enforcement of convictions and orders under section 828(3), a number of strategies can be employed. One strategy is to work closely with the appeal court and other parties involved in the case, in order to obtain all necessary documents and information. This may involve coordinating with lawyers, clerks, and other court officials, as well as communicating clearly and effectively with the appropriate parties. Another strategy is to carefully monitor and manage the enforcement process. This may involve setting up systems and procedures to keep track of deadlines, documents, and other requirements, and ensuring that all necessary steps are taken in a timely and efficient manner. It may also involve engaging with the enforcing justice to ensure that they have all the information and support they need to effectively enforce the conviction or order. Ultimately, the successful enforcement of a conviction or order under section 828(3) requires careful planning, attention to detail, and effective communication and collaboration. By taking into account the strategic considerations outlined above, and employing effective strategies, it is possible to ensure that convictions and orders are enforced effectively and efficiently.