Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 672.9 — Execution of warrant anywhere in Canada
Any warrant or process issued in relation to an assessment order or disposition made in respect of an accused may be executed or served in any place in Canada outside the province where the order or…
Section 672.91 — Arrest without warrant for contravention of disposition
A peace officer may arrest an accused without a warrant at any place in Canada if the peace officer has reasonable grounds to believe that the accused has contravened or wilfully failed to comply…
Section 672.92 — Release or delivery of accused subject to paragraph 672.54(b) disposition order
If a peace officer arrests an accused under section 672.91 who is subject to a disposition made under paragraph 672.54(b) or an assessment order, the peace officer, as soon as practicable, may…
Section 672.93 — Where justice to release accused
A justice shall release an accused who is brought before the justice under section 672.92 unless the justice is satisfied that there are reasonable grounds to believe that the accused has contravened…
Section 672.94 — Powers of Review Board
Where a Review Board receives a notice given under subsection 672.93(1.1) or (2), it may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if the…
Section 672.95 — Regulations
The Governor in Council may make regulations prescribing anything that may be prescribed under this Part; and generally to carry out the purposes and provisions of this Part.
Section 673 — Definitions
In this Part, court of appeal means the court of appeal, as defined by the definition court of appeal in section 2, for the province or territory in which the trial of a person by indictment is held;…
Section 674 — Procedure abolished
No proceedings other than those authorized by this Part and Part XXVI shall be taken by way of appeal in proceedings in respect of indictable offences.
Section 675 — Right of appeal of person convicted
A person who is convicted by a trial court in proceedings by indictment may appeal to the court of appeal against his conviction on any ground of appeal that involves a question of law alone, on any…
Section 676 — Right of Attorney General to appeal
The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal against a judgment or verdict of acquittal or a verdict of not criminally responsible on account of…
Section 676.1 — Appeal re costs
A party who is ordered to pay costs may, with leave of the court of appeal or a judge of a court of appeal, appeal the order or the amount of costs ordered.
Section 677 — Specifying grounds of dissent
Where a judge of the court of appeal expresses an opinion dissenting from the judgment of the court, the judgment of the court shall specify any grounds in law on which the dissent, in whole or in…
Section 678 — Notice of appeal
An appellant who proposes to appeal to the court of appeal or to obtain the leave of that court to appeal shall give notice of appeal or notice of his application for leave to appeal in such manner…
Section 678.1 — Service where respondent cannot be found
Where a respondent cannot be found after reasonable efforts have been made to serve the respondent with a notice of appeal or notice of an application for leave to appeal, service of the notice of…
Section 679 — Release pending determination of appeal
A judge of the court of appeal may, in accordance with this section, release an appellant from custody pending the determination of his appeal if, in the case of an appeal to the court of appeal…
Section 680 — Review by court of appeal
A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court…
Section 681
[Repealed, 1991, c. 43, s. 9]
Section 682 — Report by judge
Where, under this Part, an appeal is taken or an application for leave to appeal is made, the judge or provincial court judge who presided at the trial shall, at the request of the court of appeal or…
Section 683 — Powers of court of appeal
For the purposes of an appeal under this Part, the court of appeal may, where it considers it in the interests of justice, order the production of any writing, exhibit or other thing connected with…
Section 684 — Legal assistance for appellant
A court of appeal or a judge of that court may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal or to proceedings preliminary or incidental to an appeal where,…
Section 685 — Summary determination of frivolous appeals
Where it appears to the registrar that a notice of appeal, which purports to be on a ground of appeal that involves a question of law alone, does not show a substantial ground of appeal, the…
Section 686 — Powers
On the hearing of an appeal against a conviction or against a verdict that the appellant is unfit to stand trial or not criminally responsible on account of mental disorder, the court of appeal may…
Section 687 — Powers of court on appeal against sentence
Where an appeal is taken against sentence, the court of appeal shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against, and may on such evidence, if any,…
Section 688 — Right of appellant to attend
Subject to subsection (2), an appellant who is in custody is entitled, if he desires, to be present at the hearing of the appeal. An appellant who is in custody and who is represented by counsel is…
Section 689 — Restitution or forfeiture of property
If the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 164.2(1) or 462.37(1) or (2.01),…
Section 690
[Repealed, 2002, c. 13, s. 70]
Section 691 — Appeal from conviction
A person who is convicted of an indictable offence and whose conviction is affirmed by the court of appeal may appeal to the Supreme Court of Canada on any question of law on which a judge of the…
Section 692 — Appeal against affirmation of verdict of not criminally responsible on account of mental disorder
A person who has been found not criminally responsible on account of mental disorder and whose verdict is affirmed on that ground by the court of appeal, or against whom a verdict of guilty is…
Section 693 — Appeal by Attorney General
Where a judgment of a court of appeal sets aside a conviction pursuant to an appeal taken under section 675 or dismisses an appeal taken pursuant to paragraph 676(1)(a), (b) or (c) or subsection…
Section 694 — Notice of appeal
No appeal lies to the Supreme Court of Canada unless notice of appeal in writing is served by the appellant on the respondent in accordance with the Supreme Court Act .
Section 694.1 — Legal assistance for accused
The Supreme Court of Canada or a judge thereof may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal to the Court or to proceedings preliminary or incidental to…
Section 694.2 — Right of appellant to attend
Subject to subsection (2), an appellant who is in custody and who desires to be present at the hearing of the appeal before the Supreme Court of Canada is entitled to be present at it. An appellant…
Section 695 — Order of Supreme Court of Canada
The Supreme Court of Canada may, on an appeal under this Part, make any order that the court of appeal might have made and may make any rule or order that is necessary to give effect to its judgment.…
Section 696 — Right of Attorney General of Canada to appeal
The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney…
Section 696.1 — Application
An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of…
Section 696.2 — Review of applications
On receipt of an application under this Part, the Minister of Justice shall review it in accordance with the regulations. For the purpose of any investigation in relation to an application under this…
Section 696.3 — Definition of court of appeal
In this section, the court of appeal means the court of appeal, as defined by the definition court of appeal in section 2, for the province in which the person to whom an application under this Part…
Section 696.4 — Considerations
In making a decision under subsection 696.3(3), the Minister of Justice shall take into account all matters that the Minister considers relevant, including whether the application is supported by new…
Section 696.5 — Annual report
The Minister of Justice shall within six months after the end of each financial year submit an annual report to Parliament in relation to applications under this Part.
Section 696.6 — Regulations
The Governor in Council may make regulations prescribing the form of, the information required to be contained in and any documents that must accompany an application under this Part; prescribing the…
Section 696.7 — Definitions
The following definitions apply in this Part. applicant in relation to a miscarriage of justice review application made to the Commission, means the person who is the subject of the finding or…
Section 696.71 — Commission established
The Miscarriage of Justice Review Commission is established. The Commission consists of a Chief Commissioner and four to eight other commissioners, all of whom are appointed to hold office during…
Section 696.72 — Mandate
The Commission’s mandate is to review applications made under Part XXI.1 on the grounds of miscarriage of justice after section 3 of the Miscarriage of Justice Review Commission Act (David and Joyce…
Section 696.73 — Diversity
In making recommendations for commissioner appointments, the Minister must seek to reflect the diversity of Canadian society and must take into account considerations such as gender equality and the…
Section 696.74 — Full- or part-time commissioners
The Chief Commissioner is a full-time commissioner. The other commissioners may be appointed as full-time or part-time commissioners.
Section 696.75 — Knowledge and experience
The commissioners must have, in the opinion of the Governor in Council, knowledge and experience that is related to the Commission’s mandate. At least one third of the commissioners, including the…
Section 696.76 — Role of Chief Commissioner
The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the work and employees of the Commission. If the Chief Commissioner is absent or…
Section 696.77 — Term of office
A commissioner is to be appointed to hold office for a term not exceeding seven years such that, to the extent possible, the terms of office of more than one half of the commissioners do not end in…
Section 696.78 — Remuneration
A commissioner is to receive the remuneration that is fixed by the Governor in Council. A commissioner is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and…
Section 696.79 — Meetings
The Chief Commissioner convenes and presides at meetings of the Commission. One half of the commissioners holding office constitutes a quorum. A decision of a majority of the commissioners at a…