Power to Order Costs: Section 683(3)

The court of Appeal does not have the power to order costs on the hearing and determination of an appeal: R v Floward Enterprises Ltd., 2017 ONCA 643

Power to Amend Indictment: Section 683(1)(g)

 

Pursuant to s. 683(1)(g) of the Criminal Code, the court of appeal may amend an indictment where it considers it in the interests of justice, unless the court is of the opinion that the accused has been misled or prejudiced in his defence or appeal: R v Emery, 2016 ONCA 204 at para 3

Power to Impose Mandatory Orders on Appeal

 

In a sentence appeal, the appellate court has jurisdiction to impose a mandatory ancillary order that the trial judge did not impose at first instance: R v Versnick, 2016 ONCA 232 at para 2

Power to Appoint Counsel: Section 684(1)

Pursuant to s. 684, the appellate court has the authority to assign counsel to act on the accused's behalf if, in its opinion: 1) it is desirable in the interests of justice that he should have legal assistance; and 2) it appears that he does not have sufficient means to obtain that assistance. 

 

The applicant, bears the burden of proof on the application. In deciding an application under s. 684(1), the court must consider three general questions:

  1. Does the applicant have the means to hire counsel privately?

  2. Has the applicant advanced arguable grounds of appeal?

  3. Does the applicant have the ability to effectively advance his or her appeal without the assistance of counsel? 

In answering this question, the court should examine such matters as the complexity of the legal arguments to be advanced on appeal and the applicant’s ability to make legal argument in support of the grounds of appeal: R v Staples, 2016 ONCA 362 at paras 31-34

Some examples of successful applications include: R v McCullough, 2017 ONCA 315  

Power to order report by judge: S.682(1) of Criminal Code

Section 682(1) of the Code requires a trial judge, at the request of the Court of Appeal, to report on “the case or on any matter relating to the case that is specified in the request.” 

A trial judge should not use the report to supplement his or her reasons. In such circumstances, a trial judge's report will be held invalid: R v Kreko, 2016 ONCA 367 at paras 33-34