History of Appeal Provisions (Sections 675 and 676)

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675

See also: History of Appeal Provisions

1953-54

Section 1013(1) and (2) were combined in the reissuance of the Code into 583, which read as follows:

Procedure Abolished—Right of appeal of person convicted

583 A person who is convicted by a trial court in proceedings by indictment may appeal to the court of appeal

(a) against his conviction
(i) on any ground of appeal that involves a question of law alone,
(ii) on any ground of appeal that involves a question of fact alone or a question of mixed law and fact, with leave of the court of appeal or upon the certificate of the trial judge that the case is a proper case for appeal, or
(iii) on any ground of appeal not mentioned in subparagraph (i) or (ii) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal; or
(b) against the sentence passed by the trial court, with leave of the court of appeal or a judge thereof unless that sentence is one fixed by law.

N/A

1938

An Act to Amend the Criminal Code, S.C. 1938, c. 44, s. 48 replaced s. 1013(2) with the following:

(2) A person convicted on indictment, or the Attorney General, or the counsel for the Crown in the trial, may with leave of the court of appeal or a judge thereof, appeal to that court against the sentence passed by the trial court, unless that sentence is one fixed by law.

N/A

1927

Sections 1013(1) and (2) remained unchanged with the resistance of the 1927 Code.

1923

The first enactment that came to be s. 675 can be found in s. 1013(1) and (2). It was enacted in An Act to Amend the Criminal Code S.C. 1923, c. 41, s. 9:

Right of appeal against convictions

1013 (1) A person convicted on indictment may appeal to the court of appeal against his conviction

(a) on any ground of appeal which involves a question of law alone;
(b) with leave of the court of appeal, or upon the certificate of the trial court that it is a fit case for appeal, on any ground of appeal which involves a question of fact alone or a question of mixed law and fact; and
(c) with leave of the court of appeal, on any other ground which appears to the court of appeal to be a sufficient ground of appeal.
Right of appeal against sentence

(2) A person convicted on indictment, or the Attorney General, or the counsel for the Crown at the trial, may with leave of a judge of the court of appeal, appeal to that court against the sentence passed by the trial court, unless that sentence is one fixed by law.


676

1923

The first enactment that came to be s. 676 can be found in s. 1013(2) and (4) and (5). It was enacted in An Act to Amend the Criminal Code, S.C. 1923, c. 41, s. 9:

1013...

Right of Appeal against conviction—Right of Appeal against sentence

(2) A person convicted on indictment, or the Attorney General, or the counsel for the Crown at the trial, may with leave of a judge of the court of appeal, appeal to that court against the sentence passed by the trial court, unless that sentence is one fixed by law.

Opinion of majority of members of court decisive

(4) The determination of any question before the court of appeal shall be according to the opinion of the majority of the members of that court hearing the case.

How judgment is to be pronounced

(5) Unless the court of appeal directs to the contrary in cases where, in the opinion of that court, the question is a question of law on which it would be convenient that separate judgments should be pronounced by the members of the court, the judgment of the court shall be pronounced by the president of the court or such other member of the court hearing the case as the president of the court directs, and no judgment with respect to the determination of any question shall be separately pronounced by any other member of the court.