Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-09-15 and last amended on 2014-07-11. Previous Versions

 [Repealed, 2002, c. 13, s. 70]

Appeals to the Supreme Court of Canada

Marginal note:Appeal from conviction
  •  (1) A person who is convicted of an indictable offence and whose conviction is affirmed by the court of appeal may appeal to the Supreme Court of Canada

    • (a) on any question of law on which a judge of the court of appeal dissents; or

    • (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

  • Marginal note:Appeal where acquittal set aside

    (2) A person who is acquitted of an indictable offence other than by reason of a verdict of not criminally responsible on account of mental disorder and whose acquittal is set aside by the court of appeal may appeal to the Supreme Court of Canada

    • (a) on any question of law on which a judge of the court of appeal dissents;

    • (b) on any question of law, if the Court of Appeal enters a verdict of guilty against the person; or

    • (c) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

  • R.S., 1985, c. C-46, s. 691;
  • R.S., 1985, c. 34 (3rd Supp.), s. 10;
  • 1991, c. 43, s. 9;
  • 1997, c. 18, s. 99.
Marginal note:Appeal against affirmation of verdict of not criminally responsible on account of mental disorder
  •  (1) A person who has been found not criminally responsible on account of mental disorder and

    • (a) whose verdict is affirmed on that ground by the court of appeal, or

    • (b) against whom a verdict of guilty is entered by the court of appeal under subparagraph 686(4)(b)(ii),

    may appeal to the Supreme Court of Canada.

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

    (2) A person who is found unfit to stand trial and against whom that verdict is affirmed by the court of appeal may appeal to the Supreme Court of Canada.

  • Marginal note:Grounds of appeal

    (3) An appeal under subsection (1) or (2) may be

    • (a) on any question of law on which a judge of the court of appeal dissents; or

    • (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

  • R.S., 1985, c. C-46, s. 692;
  • R.S., 1985, c. 34 (3rd Supp.), s. 11;
  • 1991, c. 43, s. 9.
Marginal note:Appeal by Attorney General
  •  (1) Where a judgment of a court of appeal sets aside a conviction pursuant to an appeal taken under section 675 or dismisses an appeal taken pursuant to paragraph 676(1)(a), (b) or (c) or subsection 676(3), the Attorney General may appeal to the Supreme Court of Canada

    • (a) on any question of law on which a judge of the court of appeal dissents; or

    • (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

  • Marginal note:Terms

    (2) Where leave to appeal is granted under paragraph (1)(b), the Supreme Court of Canada may impose such terms as it sees fit.

  • R.S., 1985, c. C-46, s. 693;
  • R.S., 1985, c. 27 (1st Supp.), s. 146, c. 34 (3rd Supp.), s. 12.