Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Powers of court of appeal

• 672.78 (1) The court of appeal may allow an appeal against a disposition or placement decision and set aside an order made by the court or Review Board, where the court of appeal is of the opinion that

  • (a) it is unreasonable or cannot be supported by the evidence;

  • (b) it is based on a wrong decision on a question of law; or

  • (c) there was a miscarriage of justice.

• Marginal note:Idem

  (2) The court of appeal may dismiss an appeal against a disposition or placement decision where the court is of the opinion

  • (a) that paragraphs (1)(a), (b) and (c) do not apply; or

  • (b) that paragraph (1)(b) may apply, but the court finds that no substantial wrong or miscarriage of justice has occurred.

• Marginal note:Orders that the court may make

  (3) Where the court of appeal allows an appeal against a disposition or placement decision, it may

  • (a) make any disposition under section 672.54 or any placement decision that the Review Board could have made;

  • (b) refer the matter back to the court or Review Board for re-hearing, in whole or in part, in accordance with any directions that the court of appeal considers appropriate; or

  • (c) make any other order that justice requires.