INTRODUCTION AND BRIEF DESCRIPTION
No appeal is allowed from a conviction or order when provided by law.
SECTION WORDING
837 Where it is provided by law that no appeal lies from a conviction or order, no appeal under section 830 lies from such a conviction or order.
EXPLANATION
Section 837 of the Criminal Code of Canada deals with the matters related to the appeal from conviction or order. The section states that if there is a provision in law that disallows appeal against a particular conviction or order, then no appeal can be made under section 830 of the Criminal Code of Canada. Essentially, section 837 is a restriction on the appeal process. It limits an individual's ability to appeal their conviction or order under certain circumstances. The reason for this restriction is to ensure that the legal process is not misused. Appeals are an important part of the justice system, but they can also be costly and time-consuming. Therefore, the law seeks to prevent frivolous appeals by imposing restrictions on them. If a person knows that they cannot appeal under a particular provision of the law, they may be less likely to waste the court's time and resources by trying to do so. It is essential to note that section 837 only applies when there is a specific provision in law that disallows appeal against a conviction or order. If there is no such provision, an individual may appeal their conviction or order under section 830 of the Criminal Code of Canada. This section provides a broader scope for appeals, enabling individuals to challenge their conviction or order in certain circumstances. In conclusion, Section 837 of the Criminal Code of Canada is a restriction on the appeal process. It prevents individuals from appealing their conviction or order under specific circumstances and aims to prevent the misuse of the legal process. However, the provision must be read in conjunction with other appeal provisions to fully understand its scope and limitations.
COMMENTARY
Section 837 of the Criminal Code of Canada is a straightforward provision that establishes an important limitation on the right to appeal a conviction or order in a criminal proceeding. The section states that if a law provides that no appeal lies from a conviction or order, an individual is not entitled to file an appeal under section 830 of the Criminal Code. This means that if a law specifically prohibits an appeal from a particular type of conviction or order, an individual cannot circumvent this restriction by filing an appeal under section 830. This provision is designed to provide clarity and consistency in the legal system, ensuring that individuals cannot challenge the decisions of the court in cases where the law explicitly prohibits an appeal. The purpose of this provision is to prevent frivolous appeals that waste court time and resources. In some cases, an individual may be dissatisfied with the outcome of a criminal proceeding and may attempt to file an appeal, even if the law explicitly prohibits it. This can be a waste of time and resources for the court, as the appeal will inevitably be dismissed. The restriction on appealing certain types of convictions and orders is based on several principles of criminal law. First, it reflects the idea that courts are in the best position to make decisions about guilt or innocence, and that their judgments should be respected and upheld in most cases. If a law prohibits an appeal, it is likely because the court has already made a final decision, and there is no benefit to allowing an appeal that will only delay the final disposition of the case. Second, the provision also serves as a mechanism to preserve the finality of court decisions. The criminal justice system depends on the finality of court decisions to ensure that justice is served and that those who are found guilty are held accountable for their actions. Allowing endless appeals and challenges to convictions and orders can undermine the legitimacy of the court and the criminal justice system as a whole. Finally, it should be noted that the restriction on appealing certain types of convictions and orders is not absolute. In some cases, it may be possible to challenge the decision of the court through other means, such as by filing an application for judicial review or seeking a pardon or clemency. However, these avenues are generally more limited than the right to appeal, and they are subject to their own specific requirements and procedures. In conclusion, section 837 of the Criminal Code of Canada is an important provision that establishes an essential legal principle in the criminal justice system. By limiting the right to appeal certain types of convictions and orders, the provision helps to ensure that the decisions of the court are respected and upheld, while also preserving the finality of court decisions and the integrity of the criminal justice system.
STRATEGY
Section 837 of the Criminal Code of Canada is an important provision that needs to be understood by all lawyers who deal with criminal appeals. This provision governs the right to appeal a conviction or order when there is no legal avenue for appeal. It states that where it is provided by law that no appeal lies from a conviction or order, no appeal under section 830 lies from such a conviction or order. There are several strategic considerations that lawyers need to take into account when dealing with section 837 of the Criminal Code of Canada. One of the first considerations is to evaluate the nature of the conviction or order. If the conviction or order is not appealable by law, then section 837 will apply, and there will be no legal avenue for appeal. The lawyer must therefore determine if there are any legal grounds for appeal under section 830 of the Criminal Code of Canada. If there are legal grounds for appeal, then the lawyer should pursue an appeal under section 830 rather than relying on section 837. The strategic considerations for pursuing an appeal under section 830 will vary depending on the nature of the case and the issues in play. However, some common strategies that could be employed include: 1. Evaluating the strength of the legal grounds for appeal: The lawyer needs to evaluate the strength of the legal grounds for appeal. If the grounds are strong, then it may be worthwhile to pursue an appeal. 2. Identifying potential errors: The lawyer needs to identify any errors that may have been made by the trial judge or the prosecution that could form the basis of an appeal. 3. Communicating with the client: The lawyer needs to communicate with the client about the prospects of success and the risks involved in pursuing an appeal. 4. Assessing the time and cost: The lawyer needs to assess the time and cost involved in pursuing an appeal. If the time and cost involved are significant, then the lawyer may need to consider whether pursuing an appeal is worthwhile. 5. Negotiating a plea: The lawyer may consider negotiating a plea with the prosecution rather than pursuing an appeal. This could save time and cost while achieving a more favorable outcome for the client. In conclusion, section 837 of the Criminal Code of Canada is an important provision that governs the right to appeal a conviction or order when there is no legal avenue for appeal. Lawyers need to carefully evaluate the nature of the conviction or order, assess the legal grounds for appeal, communicate with the client, assess the time and cost, and negotiate a plea if necessary. By following these strategies, lawyers can effectively deal with section 837 and pursue a successful appeal under section 830 of the Criminal Code of Canada.