Review by court of appeal
680 (1) 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 of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
(a) vary the decision; or
(b) substitute such other decision as, in its opinion, should have been made.
Single judge acting
(2) On consent of the parties, the powers of the court of appeal under subsection (1) may be exercised by a judge of that court.
Enforcement of decision
(3) A decision as varied or substituted under this section shall have effect and may be enforced in all respects as though it were the decision originally made.
Annotations
- Section 680 does not permit a review of an order by a trial judge under s.523(2)(a): R v Ali, 2020 ONCA 566