PART XXIAppeals — Indictable Offences (continued)
Powers of the Court of Appeal (continued)
Marginal note:Powers of court on appeal against sentence
687 (1) Where an appeal is taken against sentence, the court of appeal shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against, and may on such evidence, if any, as it thinks fit to require or to receive,
Marginal note:Effect of judgment
(2) A judgment of a court of appeal that varies the sentence of an accused who was convicted has the same force and effect as if it were a sentence passed by the trial court.
- R.S., c. C-34, s. 614.
Marginal note:Right of appellant to attend
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
(a) at the hearing of the appeal, where the appeal is on a ground involving a question of law alone,
(b) on an application for leave to appeal, or
(c) on any proceedings that are preliminary or incidental to an appeal,
unless rules of court provide that he is entitled to be present or the court of appeal or a judge thereof gives him leave to be present.
Marginal note:Manner of appearance
(2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant personally appearing,
(a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the court; and
(b) at the hearing of the appeal, if the appellant has access to legal advice, he or she appear by means of closed-circuit television or any other means that permits the court and all parties to engage in simultaneous visual and oral communication.
Marginal note:Argument may be oral or in writing
(3) An appellant may present his case on appeal and his argument in writing instead of orally, and the court of appeal shall consider any case of argument so presented.
Marginal note:Sentence in absence of appellant
(4) A court of appeal may exercise its power to impose sentence notwithstanding that the appellant is not present.
- R.S., 1985, c. C-46, s. 688;
- 2002, c. 13, s. 68.
Marginal note:Restitution or forfeiture of property
689 (1) If the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 164.2(1) or 462.37(1) or (2.01), the operation of the order is suspended
(a) until the expiration of the period prescribed by rules of court for the giving of notice of appeal or of notice of application for leave to appeal, unless the accused waives an appeal; and
(b) until the appeal or application for leave to appeal has been determined, where an appeal is taken or application for leave to appeal is made.
Marginal note:Annulling or varying order
(2) The court of appeal may by order annul or vary an order made by the trial court with respect to compensation or the restitution of property within the limits prescribed by the provision under which the order was made by the trial court, whether or not the conviction is quashed.
- R.S., 1985, c. C-46, s. 689;
- R.S., 1985, c. 42 (4th Supp.), s. 5;
- 1995, c. 22, s. 10;
- 2002, c. 13, s. 69;
- 2005, c. 44, s. 12.
690 [Repealed, 2002, c. 13, s. 70]
Appeals to the Supreme Court of Canada
Marginal note:Appeal from conviction
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
- 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
(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
- 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
693 (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
(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.
Marginal note:Notice of appeal
- R.S., 1985, c. C-46, s. 694;
- R.S., 1985, c. 34 (3rd Supp.), s. 13.
Marginal note:Legal assistance for accused
694.1 (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).
- Date modified: