INTRODUCTION AND BRIEF DESCRIPTION
An appeal in criminal proceedings must be based on a transcript of the proceedings unless an agreed statement of facts is filed within 15 days of the notice of appeal.
SECTION WORDING
830(2) An appeal under this section shall be based on a transcript of the proceedings appealed from unless the appellant files with the appeal court, within fifteen days of the filing of the notice of appeal, a statement of facts agreed to in writing by the respondent.
EXPLANATION
Section 830(2) of the Criminal Code of Canada is a provision that governs the process of appealing a decision in a criminal proceeding. Specifically, it outlines the requirements for the transcript or statement of facts that must be submitted with the appeal. Under this section, any appeal must be based on a transcript of the proceedings appealed from. This means that the appellant must provide a written record of the court proceedings that led to the decision being appealed. In certain circumstances, the Court of Appeal may allow an appeal to be filed without a transcript, but this is only in exceptional cases. Alternatively, if the appellant cannot or does not wish to produce a transcript, they have the option to file a statement of facts that has been agreed to in writing by the respondent. In other words, the parties involved must come to a mutual understanding about the key facts and events that took place during the proceedings. The respondent in this case is typically the prosecution. Failure to comply with this section can result in the appeal being dismissed. This provision is important because it ensures that there is an accurate record of what took place during the original trial, and that both parties have an opportunity to present their side of the story. Ultimately, it helps to guarantee that the fairness and integrity of the criminal justice system are upheld.
COMMENTARY
Section 830(2) of the Criminal Code of Canada is an important provision that governs appeals in criminal proceedings. This section provides that an appeal under this section shall be based on a transcript of the proceedings appealed from unless the appellant files with the appeal court, within fifteen days of the filing of the notice of appeal, a statement of facts agreed to in writing by the respondent. This provision is significant as it ensures that appeals are based on a solid foundation of evidence and facts. The requirement for a transcript of the proceedings provides a clear record of the trial and allows the appeal court to review the evidence presented in the case. This is critical in ensuring that justice is served, as it allows for a thorough examination of the facts and any errors that may have occurred during the trial process. The provision also allows for the parties involved in the appeal to agree on a statement of facts. This can be beneficial in cases where a transcript of the proceedings may not be available or may not accurately reflect the events that took place. The agreement on the statement of facts can help streamline the appeal process and provide a clearer picture of what happened during the trial. However, the requirement for a transcript of the proceedings can also be a significant hurdle for those seeking to appeal their criminal convictions. Transcripts can be expensive, and not all individuals may be able to afford them. This can make it more difficult for some individuals to exercise their right to appeal, which can be seen as a violation of their right to a fair trial. Additionally, the requirement for a transcript can be a burden on the court system, as it can increase the workload for court reporters and add to the time and cost of handling appeals. This can cause delays in the appeals process and further prolong the resolution of the case. Overall, while Section 830(2) of the Criminal Code of Canada has its benefits in ensuring a solid foundation of evidence and facts for appeals, it also raises some challenges and concerns. The provision should be carefully balanced to ensure that access to justice is not compromised, and that appeals can be handled efficiently and effectively.
STRATEGY
Section 830(2) of the Criminal Code of Canada outlines the requirements for appealing a criminal proceeding. In order to appeal, an appellant must provide a transcript of the proceedings they wish to appeal from, or file a statement of facts agreed to in writing by the respondent. There are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code, and there are several strategies that can be employed in order to ensure that the appeal is successful. One of the first considerations to take into account when dealing with Section 830(2) is the cost of obtaining a transcript. Transcripts can be expensive, and if the appellant cannot afford to pay for one, they may wish to consider filing a statement of facts instead. This is a written document that summarizes the relevant facts of the case, and it can be a useful tool in an appeal. Another consideration is the quality of the transcript. If the transcript contains errors or is incomplete, it may be difficult to mount a successful appeal. Appellants should carefully review the transcript to ensure that it is accurate and complete, and they may wish to consider hiring a court reporting service to obtain a more reliable transcript. In some cases, the appellant may be able to negotiate an agreement with the respondent regarding the statement of facts. This can be a useful strategy, as it allows both parties to agree on the relevant facts of the case, which can help to streamline the appeal process. However, it is important to note that the respondent may not be willing to agree to the statement of facts, and in such cases, the appellant will need to obtain a transcript. One strategy that appellants can employ when dealing with Section 830(2) is to focus on the key issues of the case. Rather than providing a comprehensive summary of the proceedings, appellants should focus on the specific issues that they wish to appeal. By providing a clear and concise statement of facts, appellants can make it easier for the appeal court to understand their position and make a ruling in their favor. Another strategy that appellants can employ is to highlight any errors or inconsistencies in the original trial. If there were errors in the trial process or if evidence was presented incorrectly, this can be grounds for appeal. By highlighting these errors, appellants can demonstrate to the appeal court that the original trial was flawed and that a new trial is necessary. In conclusion, Section 830(2) of the Criminal Code of Canada is an important consideration for those wishing to appeal a criminal proceeding. There are several strategic considerations that must be taken into account, including the cost and quality of obtaining a transcript, the possibility of negotiating an agreement with the respondent, and the focus on key issues and highlighting errors in the original trial. By carefully considering these factors and employing effective strategies, appellants can increase their chances of success in an appeal.