Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Marginal note:Undertaking or recognizance
  •  (1) When a notice of appeal is filed pursuant to section 830, the appeal court may order that the appellant appear before a justice and give an undertaking or enter into a recognizance as provided in section 816 where the defendant is the appellant, or as provided in section 817, in any other case.

  • Marginal note:Attorney General

    (2) Subsection (1) does not apply where the appellant is the Attorney General or counsel acting on behalf of the Attorney General.

  • R.S., 1985, c. C-46, s. 832;
  • R.S., 1985, c. 27 (1st Supp.), s. 182.
Marginal note:No writ required

 No writ of certiorari or other writ is required to remove any conviction, judgment, verdict or other final order or determination of a summary conviction court for the purpose of obtaining the judgment, determination or opinion of the appeal court.

  • R.S., 1985, c. C-46, s. 833;
  • R.S., 1985, c. 27 (1st Supp.), s. 182;
  • 1991, c. 43, s. 9.
Marginal note:Powers of appeal court
  •  (1) When a notice of appeal is filed pursuant to section 830, the appeal court shall hear and determine the grounds of appeal and may

    • (a) affirm, reverse or modify the conviction, judgment, verdict or other final order or determination, or

    • (b) remit the matter to the summary conviction court with the opinion of the appeal court,

    and may make any other order in relation to the matter or with respect to costs that it considers proper.

  • Marginal note:Authority of judge

    (2) Where the authority and jurisdiction of the appeal court may be exercised by a judge of that court, the authority and jurisdiction may, subject to any applicable rules of court, be exercised by a judge of the court sitting in chambers as well in vacation as in term time.

  • R.S., 1985, c. C-46, s. 834;
  • R.S., 1985, c. 27 (1st Supp.), s. 182;
  • 1991, c. 43, s. 9.
Marginal note:Enforcement
  •  (1) Where the appeal court renders its decision on an appeal, the summary conviction court from which the appeal was taken or a justice exercising the same jurisdiction has the same authority to enforce a conviction, order or determination that has been affirmed, modified or made by the appeal court as the summary conviction court would have had if no appeal had been taken.

  • Marginal note:Idem

    (2) An order of the appeal court may be enforced by its own process.

  • R.S., 1985, c. C-46, s. 835;
  • R.S., 1985, c. 27 (1st Supp.), s. 182.
Marginal note:Appeal under section 830

 Every person who appeals under section 830 from any conviction, judgment, verdict or other final order or determination in respect of which that person is entitled to an appeal under section 813 shall be taken to have abandoned all the person’s rights of appeal under section 813.

  • R.S., 1985, c. C-46, s. 836;
  • R.S., 1985, c. 27 (1st Supp.), s. 182;
  • 1991, c. 43, s. 9.