Canada Evidence Act

Marginal note:Appeal to Federal Court of Appeal

• 38.09 (1) Subject to subsection (1.1), an order made under any of subsections 38.06(1) to (3) may be appealed to the Federal Court of Appeal.

• Marginal note:Limitation — person charged with offence

  (1.1) A person who is charged with an offence may appeal an order 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 considers appropriate in the circumstances; or

  • (b) in any other case, within 15 days after the day on which the order is made or any further time that the Court considers appropriate in the circumstances.

• Marginal note:Exceptional circumstances

  (3) Despite subsection (1.1) and paragraph (2)(a), the Court 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.