Law Society of Ontario (LSO) Paralegal Practice Exam

Under what circumstances can the accused appeal according to Section 830?

1. A question of fact

2. Excess of jurisdiction

3. Rejection of evidence

4. Challenge of legal representation

The correct answer is: Excess of jurisdiction

Section 830 of the Criminal Code of Canada outlines specific grounds on which an accused can appeal a conviction or sentence. The provision explicitly pertains to appeals concerning "excess of jurisdiction." This refers to situations where a decision made in a court proceeding exceeds the legal powers or authority granted to that court. For instance, if a trial court makes a ruling or imposes a penalty that it does not have the authority to impose, this can be grounds for an appeal. Understanding this provision is critical as it establishes the legal framework within which appealing parties can contest decisions that they believe were made beyond the lawful powers of the adjudicating body. The ability to appeal on these grounds ensures that there is a check on judicial authority, reinforcing the principles of accountability and adherence to the law. The other options represent important legal concepts, but they do not fall under the grounds specified in Section 830 for an appeal. The possibility of appealing a question of fact requires different considerations and is typically associated with evidential rather than jurisdictional issues. Similarly, the rejection of evidence and challenges to legal representation relate to procedural or evidential errors rather than jurisdictional excess. These aspects can influence the outcome of a case, but they are addressed under different legal principles or sections and do not provide