Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-04-02 and last amended on 2013-12-12. Previous Versions

Marginal note:Powers of court on appeal against sentence
  •  (1) Where an appeal is taken against sentence, the court of appeal shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against, and may on such evidence, if any, as it thinks fit to require or to receive,

    • (a) vary the sentence within the limits prescribed by law for the offence of which the accused was convicted; or

    • (b) dismiss the appeal.

  • Marginal note:Effect of judgment

    (2) A judgment of a court of appeal that varies the sentence of an accused who was convicted has the same force and effect as if it were a sentence passed by the trial court.

  • R.S., c. C-34, s. 614.
Marginal note:Right of appellant to attend
  •  (1) Subject to subsection (2), an appellant who is in custody is entitled, if he desires, to be present at the hearing of the appeal.

  • Marginal note:Appellant represented by counsel

    (2) An appellant who is in custody and who is represented by counsel is not entitled to be present

    • (a) at the hearing of the appeal, where the appeal is on a ground involving a question of law alone,

    • (b) on an application for leave to appeal, or

    • (c) on any proceedings that are preliminary or incidental to an appeal,

    unless rules of court provide that he is entitled to be present or the court of appeal or a judge thereof gives him leave to be present.

  • Marginal note:Manner of appearance

    (2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant personally appearing,

    • (a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the court; and

    • (b) at the hearing of the appeal, if the appellant has access to legal advice, he or she appear by means of closed-circuit television or any other means that permits the court and all parties to engage in simultaneous visual and oral communication.

  • Marginal note:Argument may be oral or in writing

    (3) An appellant may present his case on appeal and his argument in writing instead of orally, and the court of appeal shall consider any case of argument so presented.

  • Marginal note:Sentence in absence of appellant

    (4) A court of appeal may exercise its power to impose sentence notwithstanding that the appellant is not present.

  • R.S., 1985, c. C-46, s. 688;
  • 2002, c. 13, s. 68.
Marginal note:Restitution or forfeiture of property
  •  (1) If the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 164.2(1) or 462.37(1) or (2.01), the operation of the order is suspended

    • (a) until the expiration of the period prescribed by rules of court for the giving of notice of appeal or of notice of application for leave to appeal, unless the accused waives an appeal; and

    • (b) until the appeal or application for leave to appeal has been determined, where an appeal is taken or application for leave to appeal is made.

  • Marginal note:Annulling or varying order

    (2) The court of appeal may by order annul or vary an order made by the trial court with respect to compensation or the restitution of property within the limits prescribed by the provision under which the order was made by the trial court, whether or not the conviction is quashed.

  • R.S., 1985, c. C-46, s. 689;
  • R.S., 1985, c. 42 (4th Supp.), s. 5;
  • 1995, c. 22, s. 10;
  • 2002, c. 13, s. 69;
  • 2005, c. 44, s. 12.