Criminal Code of Canada - section 839(1) - Appeal on question of law

section 839(1)

INTRODUCTION AND BRIEF DESCRIPTION

An appeal to the court of appeal can be taken on any ground involving a question of law only, with leave of that court or a judge thereof, against certain decisions.

SECTION WORDING

839(1) Subject to subsection (1.1), an appeal to the court of appeal as defined in section 673 may, with leave of that court or a judge thereof, be taken on any ground that involves a question of law alone, against (a) a decision of a court in respect of an appeal under section 822; or (b) a decision of an appeal court under section 834, except where that court is the court of appeal.

EXPLANATION

Section 839(1) of the Criminal Code of Canada deals with the right of appeal in criminal cases. It allows a person to appeal a decision made by a lower court to the court of appeal, but only if the appeal involves a question of law alone. This means that the appeal cannot be based on questions of fact or testimony, but only on legal arguments or interpretations of the law. The section also specifies two situations in which an appeal can be made: (a) when a lower court decision is appealed under section 822 of the Criminal Code; or (b) when an appeal court decision is made under section 834, except when the court of appeal is the final authority. In order to file an appeal, the appellant must first obtain leave from the court of appeal or a judge thereof. This means that the appellant must demonstrate that there is a valid question of law at issue that requires the attention of the court of appeal. If leave is granted, the court of appeal will review the lower court's decision and determine whether there was a legal error in the judgment. Section 839(1) is an important provision in the Criminal Code of Canada as it ensures that legal decisions are subject to review and scrutiny by higher courts. It provides a mechanism for individuals who have been convicted of a crime to seek further judicial review of their case and to ensure that the law has been applied correctly.

COMMENTARY

Section 839(1) of the Criminal Code of Canada sets out the parameters for an appeal to the court of appeal in matters related to the criminal justice system. In essence, this section provides an opportunity for an individual to appeal a decision made in a lower court on the basis that it involves a question of law alone. This means that individuals who are dissatisfied with the outcome of a court case have the ability to seek further review of the decision if they believe that the ruling was made in error based on a legal issue. However, it is important to note that this right to appeal is not automatic; individuals must first seek leave from the court of appeal or a judge in order to proceed with an appeal. The first part of the section pertains to appeals in relation to decisions made under section 822 of the Criminal Code. Section 822 deals with appeals related to summary conviction offences - that is, offences that are considered less serious and are typically punishable by a maximum sentence of two years less a day. The second part of the section relates to appeals in relation to decisions made under section 834 of the Criminal Code. Section 834 concerns appeals related to indictable offences - i.e. offences that are more serious and carry a maximum penalty of life imprisonment. It is notable that an appeal cannot be made under this section if the decision being appealed was already made by the court of appeal itself. This means that while individuals can seek to have their case reviewed by a higher court, they cannot pursue further appeals once the decision has been made by the highest court in the jurisdiction. This provision forms an important part of the appeal process in Canada's criminal justice system. It enables individuals who feel that their legal rights have been infringed to take their case to a higher court and seek a fair and just outcome. However, it is also critical to recognize that this right to appeal is not unlimited, and that individuals must demonstrate that their appeal raises substantive legal issues that require further review. Overall, Section 839(1) of the Criminal Code of Canada provides important safeguards to ensure that the criminal justice system functions in a fair and transparent manner. It strikes a balance between holding individuals accountable for their actions and ensuring that they receive a fair and just outcome in court.

STRATEGY

Section 839(1) of the Criminal Code of Canada governs the appeal process for criminal cases. This section allows the convicted party to appeal the decision of the lower court to the court of appeal on any ground that involves a question of law alone. It gives them an opportunity to present evidence and arguments in their defence before a higher court where they could possibly get a favourable ruling. However, the appeal process can be complicated and expensive, and there are several strategic considerations to keep in mind. One important consideration is the timing of the appeal. A convicted party has only 30 days from the date of the conviction or sentence to file an appeal. Failing to file an appeal within this time frame could result in the appeal being dismissed, and the party losing the opportunity to have the decision reviewed. Therefore, it is essential to act quickly and file the appeal as soon as possible. Additionally, there are strict timelines that must be followed throughout the appeal process, and any delay in filing or missing a deadline could result in the appeal being dismissed. Another strategic consideration is the selection of grounds for appeal. Section 839(1) of the Criminal Code allows an appeal to be taken on any ground that involves a question of law alone. This means that the appeal is limited to legal arguments as opposed to factual disputes. To be successful, the appellant must convince the court of appeal that there was an error of law in the lower court. Thus, determinations of guilt or innocence are not appealable, and the appellant must restrict their arguments to errors in the interpretation or application of law. Therefore, to have a reasonable chance of success, the appellant must carefully review the lower court's decision and identify any potential errors of law. In addition to the selection of the grounds for appeal, the appellant must also determine the best strategy to present their case effectively. This may involve engaging the services of a skilled defence lawyer who is experienced in the appeal process. An experienced lawyer can help the appellant to identify the strengths and weaknesses of their case and formulate effective legal arguments. Additionally, they can assist with drafting legal submissions and presenting persuasive arguments in court. Finally, the appellant must also consider the potential consequences of an unsuccessful appeal. If the court of appeal upholds the lower court's decision, the appellant could face additional penalties, such as increased fines or a longer prison term. Therefore, they must carefully consider the risks and potential consequences of pursuing the appeal and make an informed decision. In conclusion, section 839(1) of the Criminal Code of Canada provides an opportunity for a convicted party to appeal their case on legal grounds. However, the appeal process can be challenging, and there are several strategic considerations to keep in mind. These include the timing of the appeal, selection of grounds for appeal, effective presentation of the case, and potential consequences of an unsuccessful appeal. By carefully considering these factors and seeking the advice of a skilled defence lawyer, the appellant can increase their chances of success.