Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-11-11 and last amended on 2014-09-19. Previous Versions

Marginal note:Manitoba and Alberta
  •  (1) In the Provinces of Manitoba and Alberta, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the cause of the proceedings arose, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

  • Marginal note:Saskatchewan

    (2) In the Province of Saskatchewan, an appeal under section 813 shall be heard at the sittings of the appeal court at the judicial centre nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

  • Marginal note:British Columbia

    (3) In the Province of British Columbia, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

  • Marginal note:Territories

    (4) In Yukon, the Northwest Territories and Nunavut, an appeal under section 813 shall be heard at the place where the cause of the proceedings arose or at the place nearest to it where a court is appointed to be held.

  • R.S., 1985, c. C-46, s. 814;
  • 1993, c. 28, s. 78;
  • 2002, c. 7, s. 150.
Marginal note:Notice of appeal
  •  (1) An appellant who proposes to appeal to the appeal court shall give notice of appeal in such manner and within such period as may be directed by rules of court.

  • Marginal note:Extension of time

    (2) The appeal court or a judge thereof may extend the time within which notice of appeal may be given.

  • R.S., c. C-34, s. 750;
  • 1972, c. 13, s. 66;
  • 1974-75-76, c. 93, s. 89.

Interim Release of Appellant

Marginal note:Undertaking or recognizance of appellant
  •  (1) A person who was the defendant in proceedings before a summary conviction court and by whom an appeal is taken under section 813 shall, if he is in custody, remain in custody unless the appeal court at which the appeal is to be heard orders that the appellant be released

    • (a) on his giving an undertaking to the appeal court, without conditions or with such conditions as the appeal court directs, to surrender himself into custody in accordance with the order,

    • (b) on his entering into a recognizance without sureties in such amount, with such conditions, if any, as the appeal court directs, but without deposit of money or other valuable security, or

    • (c) on his entering into a recognizance with or without sureties in such amount, with such conditions, if any, as the appeal court directs, and on his depositing with that appeal court such sum of money or other valuable security as the appeal court directs,

    and the person having the custody of the appellant shall, where the appellant complies with the order, forthwith release the appellant.

  • Marginal note:Application of certain provisions of section 525

    (2) The provisions of subsections 525(5), (6) and (7) apply with such modifications as the circumstances require in respect of a person who has been released from custody under subsection (1).

  • R.S., 1985, c. C-46, s. 816;
  • R.S., 1985, c. 27 (1st Supp.), s. 181(E).