History of Appeal Provisions (Sections 813 and 830)
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813
Criminal Code, 1892, c. 29
The provisions under s. 813 started as s. 879:
- Appeal
879 Unless it is otherwise provided in any special Act under which a conviction takes place or an order is made by a justice for the payment of money or dismissing an information or complaint, any person who thinks himself aggrieved by any such conviction or order, the prosecutor or complainant, as well as the defendant, may appeal, in the province of Ontario, to the Court of General Sessions of the Peace; in the province of Quebec, to the Court of Queen's Bench, Crown side; in the provinces of Nova Scotia, New Brunswick and Manitoba, to the county court of the district or county where the cause of the information or complaint arose; in the province of Prince Edward Island, to the Supreme Court; in the province of British Columbia, to the county or district court, at the sitting thereof which shall be held nearest to the place where the cause of the information or complaint arose; and in the Northwest Territories, to a judge of the Supreme Court of the said territories, sitting without a jury, at the place where the cause of the information or complaint arose, or the nearest place thereto where a court is appointed to be held.
(2) In the district of Nipissing such person may appeal to the Court of General Sessions of the Peace for the county of Renfrew.
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830
1906
An Act to amend the Criminal Code, S.C. 1909, c. 9, replaced s. 761(2) and (3) with the following:
761...
(2) The application shall be made and the case stated within such time and in such manner as is from time to time directed by rules or orders made under section five hundred and seventy-six of this Act.(3) If there be no rule or order otherwise providing,
- (a) the application shall be made in writing to the justice and a copy thereof left with him, and may be made at any time within seven clear days from the date of the proceeding to be questioned;
- (b) the case shall be stated within three calendar months after the date of the application, and after the recognizance hereinafter referred to has been entered into; and
- (c) the applicant shall within three days after receiving the case transmit it to the court, first giving notice in writing of such appeal, with a copy of the case as signed and stated, to the other party to the proceeding which is questioned.
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Criminal Code, R.S.C. 1906, c. 146
The re-issuance of the 1906 Criminal Code changed the provisions be renumbered as s. 761 and to read as follows:
761...
(2) Any person aggrieved, the prosecutor or complainant as well as the defendant, who desires to question a conviction, order, determination or other proceeding of a justice under this Part, on the ground that it is erroneous in point of law, or is in excess of jurisdiction, may apply to such justice to state and sign a case setting forth the facts of the case and the grounds on which the proceeding is questioned, and if the justice declines to state the case, may apply to the court for an order requiring the case to be stated.
(3) The application shall be made and the case stated within such time and in such manner as is, from time to time, directed by rules or orders under section five hundred and seventy-six of this Act. | }}
Criminal Code, 1892, c. 29
The provisions under s. 830 started as s. 900(2) and (3):
900...
(2) Any person aggrieved, the prosecutor or complainant as well as the defendant, who desires to question a conviction, order, determination or other proceeding of a justice under this part, on the ground that it is erroneous in point of law, or is in excess of jurisdiction, may apply to such justice to state and sign a case setting forth the facts of the case and the grounds on which the proceeding is questioned, and if the justice declines to state the case, may apply to the court for an order requiring the case to be stated.(3) The application shall be made and the case stated within such time and in such manner as is, from time to time, directed by rules or orders under section five hundred and thirty-three of this Act.
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