Canada Evidence Act

Marginal note:Appeal to court of appeal

• 37.1 (1) Subject to subsection (1.1), an appeal lies from a determination under any of subsections 37(4.1) to (6)

  • (a) to the Federal Court of Appeal from a determination of the Federal Court; or

  • (b) to the court of appeal of a province from a determination of a trial division or trial court of a superior court of the province.

• Marginal note:Limitation — person charged with offence

  (1.1) A person who is charged with an offence may appeal a determination referred to in subsection (1) that is made in relation to a criminal trial or other criminal proceeding only if they are convicted of the offence.

• Marginal note:Limitation period for appeal

  (2) An appeal under this section shall be brought

  • (a) in the case of an appeal permitted under subsection (1.1), after conviction and within the same period in which the accused may appeal from their conviction or any further time that the court referred to in subsection (1) considers appropriate in the circumstances; or

  • (b) in any other case, within 15 days after the day on which the determination appealed from is made or any further time that the court referred to in subsection (1) considers appropriate in the circumstances.

• Marginal note:Exceptional circumstances

  (3) Despite subsection (1.1) and paragraph (2)(a), the court referred to in subsection (1) may, on application by the person charged with the offence, permit the appeal to be brought before conviction if the court is satisfied that there are exceptional circumstances that justify doing so.