Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-08-05 and last amended on 2014-07-11. Previous Versions

Marginal note:Notice of appeal

 No appeal lies to the Supreme Court of Canada unless notice of appeal in writing is served by the appellant on the respondent in accordance with the Supreme Court Act.

  • R.S., 1985, c. C-46, s. 694;
  • R.S., 1985, c. 34 (3rd Supp.), s. 13.
Marginal note:Legal assistance for accused
  •  (1) The Supreme Court of Canada or a judge thereof may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal to the Court or to proceedings preliminary or incidental to an appeal to the Court where, in the opinion of the Court or judge, it appears desirable in the interests of justice that the accused should have legal assistance and where it appears that the accused has not sufficient means to obtain that assistance.

  • Marginal note:Counsel fees and disbursements

    (2) Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General who is the appellant or respondent, as the case may be, in the appeal.

  • Marginal note:Taxation of fees and disbursements

    (3) Where subsection (2) applies and counsel and the Attorney General cannot agree on fees or disbursements of counsel, the Attorney General or the counsel may apply to the Registrar of the Supreme Court of Canada, and the Registrar may tax the disputed fees and disbursements.

  • R.S., 1985, c. 34 (3rd Supp.), s. 13;
  • 1992, c. 1, s. 60(F).
Marginal note:Right of appellant to attend
  •  (1) Subject to subsection (2), an appellant who is in custody and who desires to be present at the hearing of the appeal before the Supreme Court of Canada is entitled to be present at it.

  • 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 before the Supreme Court of Canada

    • (a) on an application for leave to appeal,

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

    • (c) at the hearing of the appeal,

    unless rules of court provide that entitlement or the Supreme Court of Canada or a judge thereof gives the appellant leave to be present.

  • R.S., 1985, c. 34 (3rd Supp.), s. 13.
Marginal note:Order of Supreme Court of Canada
  •  (1) The Supreme Court of Canada may, on an appeal under this Part, make any order that the court of appeal might have made and may make any rule or order that is necessary to give effect to its judgment.

  • Marginal note:Election if new trial

    (2) Subject to subsection (3), if a new trial ordered by the Supreme Court of Canada is to be held before a court composed of a judge and jury, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury or a provincial court judge. The election is deemed to be a re-election within the meaning of subsection 561(5) and subsections 561(5) to (7) apply to it with any modifications that the circumstances require.

  • Marginal note:Nunavut

    (3) If a new trial ordered by the Supreme Court of Canada is to be held before a court composed of a judge and jury in Nunavut, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury. The election is deemed to be a re-election within the meaning of subsection 561.1(6) and subsections 561.1(6) to (9) apply to it with any modifications that the circumstances require.

  • R.S., 1985, c. C-46, s. 695;
  • 1999, c. 5, s. 27;
  • 2008, c. 18, s. 31.