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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2022-06-20 and last amended on 2022-06-20. Previous Versions

PART XXVIISummary Convictions (continued)

Summary Appeal on Transcript or Agreed Statement of Facts (continued)

Marginal note:Application

 The provisions of sections 816, 817, 819 and 825 apply, with such modifications as the circumstances require, in respect of an appeal under section 830, except that on receiving an application by the person having the custody of an appellant described in section 819 to appoint a date for the hearing of the appeal, the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, give such directions as it thinks necessary for expediting the hearing of the appeal.

  • R.S., 1985, c. C-46, s. 831
  • R.S., 1985, c. 27 (1st Supp.), s. 182

Marginal note:Release order or recognizance

  •  (1) If a notice of appeal is filed under section 830, the appeal court may, if the defendant is the appellant, make a release order as provided in section 816 or, in any other case, order that the appellant appear before a justice and enter into a recognizance as provided in section 817.

  • Marginal note:Attorney General

    (2) Subsection (1) does not apply where the appellant is the Attorney General or counsel acting on behalf of the Attorney General.

Marginal note:No writ required

 No writ of certiorari or other writ is required to remove any conviction, judgment, verdict or other final order or determination of a summary conviction court for the purpose of obtaining the judgment, determination or opinion of the appeal court.

  • R.S., 1985, c. C-46, s. 833
  • R.S., 1985, c. 27 (1st Supp.), s. 182
  • 1991, c. 43, s. 9

Marginal note:Powers of appeal court

  •  (1) When a notice of appeal is filed pursuant to section 830, the appeal court shall hear and determine the grounds of appeal and may

    • (a) affirm, reverse or modify the conviction, judgment, verdict or other final order or determination, or

    • (b) remit the matter to the summary conviction court with the opinion of the appeal court,

    and may make any other order in relation to the matter or with respect to costs that it considers proper.

  • Marginal note:Authority of judge

    (2) Where the authority and jurisdiction of the appeal court may be exercised by a judge of that court, the authority and jurisdiction may, subject to any applicable rules of court, be exercised by a judge of the court sitting in chambers as well in vacation as in term time.

  • R.S., 1985, c. C-46, s. 834
  • R.S., 1985, c. 27 (1st Supp.), s. 182
  • 1991, c. 43, s. 9

Marginal note:Enforcement

  •  (1) Where the appeal court renders its decision on an appeal, the summary conviction court from which the appeal was taken or a justice exercising the same jurisdiction has the same authority to enforce a conviction, order or determination that has been affirmed, modified or made by the appeal court as the summary conviction court would have had if no appeal had been taken.

  • Marginal note:Idem

    (2) An order of the appeal court may be enforced by its own process.

  • R.S., 1985, c. C-46, s. 835
  • R.S., 1985, c. 27 (1st Supp.), s. 182

Marginal note:Appeal under section 830

 Every person who appeals under section 830 from any conviction, judgment, verdict or other final order or determination in respect of which that person is entitled to an appeal under section 813 shall be taken to have abandoned all the person’s rights of appeal under section 813.

  • R.S., 1985, c. C-46, s. 836
  • R.S., 1985, c. 27 (1st Supp.), s. 182
  • 1991, c. 43, s. 9

Marginal note:Appeal barred

 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.

  • R.S., 1985, c. C-46, s. 837
  • R.S., 1985, c. 27 (1st Supp.), s. 182

Marginal note:Extension of time

 The appeal court or a judge thereof may at any time extend any time period referred to in section 830, 831 or 832.

  • R.S., 1985, c. C-46, s. 838
  • R.S., 1985, c. 27 (1st Supp.), s. 182

Appeals to Court of Appeal

Marginal note:Appeal on question of law

  •  (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.

  • Marginal note:Nunavut

    (1.1) An appeal to the Court of Appeal of Nunavut may, with leave of that court or a judge of that court, be taken on any ground that involves a question of law alone, against a decision of a judge of the Court of Appeal of Nunavut acting as an appeal court under subsection 812(2) or 829(2).

  • Marginal note:Sections applicable

    (2) Sections 673 to 689 apply with such modifications as the circumstances require to an appeal under this section.

  • Marginal note:Costs

    (3) Notwithstanding subsection (2), the court of appeal may make any order with respect to costs that it considers proper in relation to an appeal under this section.

  • Marginal note:Enforcement of decision

    (4) The decision of the court of appeal may be enforced in the same manner as if it had been made by the summary conviction court before which the proceedings were originally heard and determined.

  • Marginal note:Right of Attorney General of Canada to appeal

    (5) The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part.

  • R.S., 1985, c. C-46, s. 839
  • R.S., 1985, c. 27 (1st Supp.), s. 183
  • 1999, c. 3, s. 57

Fees and Allowances

Marginal note:Fees and allowances

  •  (1) Subject to subsection (2), the fees and allowances mentioned in the schedule to this Part are the fees and allowances that may be taken or allowed in proceedings before summary conviction courts and justices under this Part.

  • Marginal note:Order of lieutenant governor in council

    (2) The lieutenant governor in council of a province may order that all or any of the fees and allowances mentioned in the schedule to this Part shall not be taken or allowed in proceedings before summary conviction courts and justices under this Part in that province and, when the lieutenant governor in council so orders, he or she may fix any other fees and allowances for any items similar to those mentioned in the schedule, or any other items, to be taken or allowed instead.

  • R.S., 1985, c. C-46, s. 840
  • 1994, c. 44, s. 83
  • 1997, c. 18, s. 114

PART XXVIIIMiscellaneous

Electronic Documents

Marginal note:Definitions

 The definitions in this section apply in this section and in sections 842 to 847.

data

data means representations of information or concepts, in any form. (données)

electronic document

electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, print-out or other output of the data and any document, record, order, exhibit, notice or form that contains the data. (document électronique)

  • R.S., 1985, c. C-46, s. 841
  • R.S., 1985, c. 31 (4th Supp.), s. 97
  • 2002, c. 13, s. 84

Marginal note:Dealing with data in court

 Despite anything in this Act, a court may create, collect, receive, store, transfer, distribute, publish or otherwise deal with electronic documents if it does so in accordance with an Act or with the rules of court.

  • 2002, c. 13, s. 84

Marginal note:Transfer of data

  •  (1) Despite anything in this Act, a court may accept the transfer of data by electronic means if the transfer is made in accordance with the laws of the place where the transfer originates or the laws of the place where the data is received.

  • Marginal note:Time of filing

    (2) If a document is required to be filed in a court and the filing is done by transfer of data by electronic means, the filing is complete when the transfer is accepted by the court.

  • 2002, c. 13, s. 84

Marginal note:Documents in writing

 A requirement under this Act that a document be made in writing is satisfied by the making of the document in electronic form in accordance with an Act or the rules of court.

  • 2002, c. 13, s. 84

Marginal note:Signatures

 If this Act requires a document to be signed, the court may accept a signature in an electronic document if the signature is made in accordance with an Act or the rules of court.

  • 2002, c. 13, s. 84

Marginal note:Oaths

 If under this Act an information, an affidavit or a solemn declaration or a statement under oath or solemn affirmation is to be made by a person, the court may accept it in the form of an electronic document if

  • (a) the person states in the electronic document that all matters contained in the information, affidavit, solemn declaration or statement are true to his or her knowledge and belief;

  • (b) the person before whom it is made or sworn is authorized to take or receive informations, affidavits, solemn declarations or statements and he or she states in the electronic document that the information, affidavit, solemn declaration or statement was made under oath, solemn declaration or solemn affirmation, as the case may be; and

  • (c) the electronic document was made in accordance with the laws of the place where it was made.

  • 2002, c. 13, s. 84

Marginal note:Copies

 Any person who is entitled to obtain a copy of a document from a court is entitled, in the case of a document in electronic form, to obtain a printed copy of the electronic document from the court on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the relevant province.

  • 2002, c. 13, s. 84

Remote Appearance by Incarcerated Accused

 [Repealed, 2019, c. 25, s. 329]

Forms

Marginal note:Forms

  •  (1) The forms set out in this Part, varied to suit the case, or forms to the like effect are deemed to be good, valid and sufficient in the circumstances for which they are provided.

  • Marginal note:Seal not required

    (2) No justice is required to attach or affix a seal to any writing or process that he or she is authorized to issue and in respect of which a form is provided by this Part.

  • Marginal note:Official languages

    (3) Any pre-printed portions of a form set out in this Part, varied to suit the case, or of a form to the like effect shall be printed in both official languages.

    [Editorial note: In this consolidation, the forms referred to in this section can be found at the end of the Act.]

  • 2002, c. 13, s. 84
 
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