Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Appeal barred

837. 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.

Marginal note:Extension of time

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

Marginal note:Appeal on question of law

• 839. (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.

Marginal note:Fees and allowances

• 840. (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.