Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Where conviction or order not reviewable

776 No conviction or order shall be removed by certiorari

• (a) where an appeal was taken, whether or not the appeal has been carried to a conclusion; or

• (b) where the defendant appeared and pleaded and the merits were tried, and an appeal might have been taken, but the defendant did not appeal.