Appeals by the Crown: Possible Outcomes

AuthorSteve Coughlan/Alex Gorlewski
322 Post-trial Matters / Appeals
4.1(b) Appeals by the Crown: Possible Outcomes
Was the appeal
allowed? Uphold the acquittal
Was it a jury trial?1
Were the facts
necessary to convict
found by the trial
judge or not in
No Yes
Order a new trial3Enter a conviction4
This chart follows from Chart 4.1(a), Appeals by the Crown: Grounds. That
chart set out the bases upon which a Crown appeal from an acquittal could
succeed; this chart, based on s 686(4) of the Criminal Code, RSC 1985, c C-46
[Code], shows what results can follow when the appeal succeeds. This chart
does not consider appeals of sentences, which are also possible.
There is an oddity in the appeal provisions as they relate to Crown appeals.
Section 676 sets out the right of the Crown to appeal various matters: an ac-
quittal or nding that the accused is not criminally responsible (s 676(1)(a))
and a nding that the accused was unt to stand trial (s 676(3)), as well as or-
ders quashing proceedings, entering a stay, or otherwise failing to proceed (ss
676(1)(b) & (c)). However, s 686(4) only sets out how to deal with successful
appeals from an acquittal, a decision that the accused was unt to stand trial,
or was not criminally responsible by reason of mental disorder: nothing in the
Code sets out how to deal with successful appeals of the other types of orders.
Courts have noted this discontinuity and have generally acted on the assump-
tion that “acquittal” in s 686(4) must be taken to include any order that ends
the proceedings against the accused. See, for example, R v Fraillon (1990), 62
CCC (3d) 474 (Que CA); R v Allen (1996), 110 CCC (3d) 331 (Ont CA); R v Taylor,
2009 NLCA 43.

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