Powers of court of appeal
683 (1) For the purposes of an appeal under this Part, the court of appeal may, where it considers it in the interests of justice,
(a) order the production of any writing, exhibit or other thing connected with the proceedings;
(b) order any witness who would have been a compellable witness at the trial, whether or not he was called at the trial,
(i) to attend and be examined before the court of appeal, or
(ii) to be examined in the manner provided by rules of court before a judge of the court of appeal, or before any officer of the court of appeal or justice of the peace or other person appointed by the court of appeal for the purpose;
(c) admit, as evidence, an examination that is taken under subparagraph (b)(ii);
(d) receive the evidence, if tendered, of any witness, including the appellant, who is a competent but not compellable witness;
(e) order that any question arising on the appeal that
(i) involves prolonged examination of writings or accounts, or scientific or local investigation, and
(ii) cannot in the opinion of the court of appeal conveniently be inquired into before the court of appeal,
be referred for inquiry and report, in the manner provided by rules of court, to a special commissioner appointed by the court of appeal;
(f) act on the report of a commissioner who is appointed under paragraph (e) in so far as the court of appeal thinks fit to do so; and
(g) amend the indictment, unless it is of the opinion that the accused has been misled or prejudiced in his defence or appeal.
Parties entitled to adduce evidence and be heard
(2) In proceedings under this section, the parties or their counsel are entitled to examine or cross-examine witnesses and, in an inquiry under paragraph (1)(e), are entitled to be present during the inquiry, to adduce evidence and to be heard.
Remote appearance
(2.1) In proceedings under this section, the court of appeal may order that a party appear by audioconference or videoconference, if the technological means is satisfactory to the court.
Virtual presence of witnesses
(2.2) Sections 714.1 to 714.8 apply, with any modifications that the circumstances require, to examinations and cross-examinations of witnesses under this section.
Application of sections 715.25 and 715.26
(2.3) Sections 715.25 and 715.26 apply, with any modifications that the circumstances require, to proceedings under this section.
Other powers
(3) A court of appeal may exercise, in relation to proceedings in the court, any powers not mentioned in subsection (1) that may be exercised by the court on appeals in civil matters, and may issue any process that is necessary to enforce the orders or sentences of the court, but no costs shall be allowed to the appellant or respondent on the hearing and determination of an appeal or on any proceedings preliminary or incidental thereto.
Execution of process
(4) Any process that is issued by the court of appeal under this section may be executed anywhere in Canada.
Power to order suspension
(5) If an appeal or an application for leave to appeal has been filed in the court of appeal, that court, or a judge of that court, may, when the court, or the judge, considers it to be in the interests of justice, order that any of the following be suspended until the appeal has been determined:
(a) an obligation to pay a fine;
(b) an order of forfeiture or disposition of forfeited property;
(c) an order to make restitution under section 738 or 739;
(d) an obligation to pay a victim surcharge under section 737;
(e) a probation order under section 731; and
(f) a conditional sentence order under section 742.1.
Release order or recognizance
(5.1) Before making an order under paragraph (5)(e) or (f), the court of appeal, or a judge of that court, may make a release order or order the offender to enter into a recognizance.
Revocation of suspension order
(6) The court of appeal may revoke any order it makes under subsection (5) where it considers the revocation to be in the interests of justice.
Release order to be taken into account
(7) If the offender is subject to a release order under subsection (5.1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that order and the period for which they were imposed on the offender.
Annotations
- Part XX1