Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

Right of Appeal

Marginal note:Procedure abolished

 No proceedings other than those authorized by this Part and Part XXVI shall be taken by way of appeal in proceedings in respect of indictable offences.

  • R.S., c. C-34, s. 602.
Marginal note:Right of appeal of person convicted
  •  (1) A person who is convicted by a trial court in proceedings by indictment may appeal to the court of appeal

    • (a) against his conviction

      • (i) on any ground of appeal that involves a question of law alone,

      • (ii) on any ground of appeal that involves a question of fact or a question of mixed law and fact, with leave of the court of appeal or a judge thereof or on the certificate of the trial judge that the case is a proper case for appeal, or

      • (iii) on any ground of appeal not mentioned in subparagraph (i) or (ii) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal; or

    • (b) against the sentence passed by the trial court, with leave of the court of appeal or a judge thereof unless that sentence is one fixed by law.

  • Marginal note:Summary conviction appeals

    (1.1) A person may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a summary conviction or a sentence passed with respect to a summary conviction as if the summary conviction had been a conviction in proceedings by indictment if

    • (a) there has not been an appeal with respect to the summary conviction;

    • (b) the summary conviction offence was tried with an indictable offence; and

    • (c) there is an appeal in respect of the indictable offence.

  • Marginal note:Appeal against absolute term in excess of 10 years

    (2) A person who has been convicted of second degree murder and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of ten may appeal to the court of appeal against the number of years in excess of ten of his imprisonment without eligibility for parole.

  • Marginal note:Appeal against section 743.6 order

    (2.1) A person against whom an order under section 743.6 has been made may appeal to the court of appeal against the order.

  • Marginal note:Persons under eighteen

    (2.2) A person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder and sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person’s case.

  • Marginal note:Appeal against s. 745.51(1) order

    (2.3) A person against whom an order under subsection 745.51(1) has been made may appeal to the court of appeal against the order.

  • Marginal note:Appeals against verdicts based on mental disorder

    (3) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered in respect of a person, that person may appeal to the court of appeal against that verdict on any ground of appeal mentioned in subparagraph (1)(a)(i), (ii) or (iii) and subject to the conditions described therein.

  • Marginal note:Where application for leave to appeal refused by judge

    (4) Where a judge of the court of appeal refuses leave to appeal under this section otherwise than under paragraph (1)(b), the appellant may, by filing notice in writing with the court of appeal within seven days after the refusal, have the application for leave to appeal determined by the court of appeal.

  • R.S., 1985, c. C-46, s. 675;
  • 1991, c. 43, s. 9;
  • 1995, c. 42, s. 73;
  • 1997, c. 18, s. 92;
  • 1999, c. 31, s. 68;
  • 2002, c. 13, s. 64;
  • 2011, c. 5, s. 2.
Marginal note:Right of Attorney General to appeal
  •  (1) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal

    • (a) against a judgment or verdict of acquittal or a verdict of not criminally responsible on account of mental disorder of a trial court in proceedings by indictment on any ground of appeal that involves a question of law alone;

    • (b) against an order of a superior court of criminal jurisdiction that quashes an indictment or in any manner refuses or fails to exercise jurisdiction on an indictment;

    • (c) against an order of a trial court that stays proceedings on an indictment or quashes an indictment; or

    • (d) with leave of the court of appeal or a judge thereof, against the sentence passed by a trial court in proceedings by indictment, unless that sentence is one fixed by law.

  • Marginal note:Summary conviction appeals

    (1.1) The Attorney General or counsel instructed by the Attorney General may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a verdict of acquittal in a summary offence proceeding or a sentence passed with respect to a summary conviction as if the summary offence proceeding was a proceeding by indictment if

    • (a) there has not been an appeal with respect to the summary conviction;

    • (b) the summary conviction offence was tried with an indictable offence; and

    • (c) there is an appeal in respect of the indictable offence.

  • Marginal note:Acquittal

    (2) For the purposes of this section, a judgment or verdict of acquittal includes an acquittal in respect of an offence specifically charged where the accused has, on the trial thereof, been convicted or discharged under section 730 of any other offence.

  • Marginal note:Appeal against verdict of unfit to stand trial

    (3) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against a verdict that an accused is unfit to stand trial, on any ground of appeal that involves a question of law alone.

  • Marginal note:Appeal against ineligible parole period

    (4) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder, against the number of years of imprisonment without eligibility for parole, being less than twenty-five, that has been imposed as a result of that conviction.

  • Marginal note:Appeal against decision not to make section 743.6 order

    (5) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 743.6.

  • Marginal note:Appeal against decision not to make s. 745.51(1) order

    (6) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under subsection 745.51(1).

  • R.S., 1985, c. C-46, s. 676;
  • R.S., 1985, c. 27 (1st Supp.), s. 139, c. 1 (4th Supp.), s. 18(F);
  • 1991, c. 43, s. 9;
  • 1995, c. 22, s. 10, c. 42, s. 74;
  • 1997, c. 18, s. 93;
  • 2002, c. 13, s. 65;
  • 2008, c. 18, s. 28;
  • 2011, c. 5, s. 3.
Marginal note:Appeal re costs

 A party who is ordered to pay costs may, with leave of the court of appeal or a judge of a court of appeal, appeal the order or the amount of costs ordered.

  • 1997, c. 18, s. 94.
Marginal note:Specifying grounds of dissent

 Where a judge of the court of appeal expresses an opinion dissenting from the judgment of the court, the judgment of the court shall specify any grounds in law on which the dissent, in whole or in part, is based.

  • R.S., 1985, c. C-46, s. 677;
  • 1994, c. 44, s. 67.

Procedure on Appeals

Marginal note:Notice of appeal
  •  (1) An appellant who proposes to appeal to the court of appeal or to obtain the leave of that court to appeal shall give notice of appeal or notice of his application for leave to appeal in such manner and within such period as may be directed by rules of court.

  • Marginal note:Extension of time

    (2) The court of appeal or a judge thereof may at any time extend the time within which notice of appeal or notice of an application for leave to appeal may be given.

  • R.S., c. C-34, s. 607;
  • 1972, c. 13, s. 53;
  • 1974-75-76, c. 105, s. 16.
Marginal note:Service where respondent cannot be found

 Where a respondent cannot be found after reasonable efforts have been made to serve the respondent with a notice of appeal or notice of an application for leave to appeal, service of the notice of appeal or the notice of the application for leave to appeal may be effected substitutionally in the manner and within the period directed by a judge of the court of appeal.

  • R.S., 1985, c. 27 (1st Supp.), s. 140;
  • 1992, c. 1, s. 60(F).
 
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