INTRODUCTION AND BRIEF DESCRIPTION
This section criminalizes the failure to attend court or surrender oneself when required by an undertaking, recognizance, or court order.
SECTION WORDING
145(2) Every one who, (a) being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or (b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge, or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 145(2) of the Criminal Code of Canada deals with the offence of failing to attend court or surrendering oneself when required to do so under an undertaking or recognizance given before a justice or judge. This section applies to two scenarios: first, if a person who is at large on their undertaking or recognizance fails to attend court as required, and second, if a person who has already appeared in court fails to attend as required by the court, or to surrender themselves in accordance with an order of the court. This offence is considered serious and is punishable by imprisonment for a term not exceeding two years. The onus of proof lies on the accused to provide a lawful excuse for their failure to attend court or surrender themselves. The term "lawful excuse" refers to a reason that is acceptable in law and could be anything from medical emergencies to unexpected situations beyond the control of the accused. However, mere forgetfulness or lack of will power does not provide a lawful excuse. The purpose of this section is to ensure that individuals who are required to attend court or surrender themselves do so in a timely and efficient manner. Failure to do so can cause delays in the justice system, which goes against the principles of fairness and efficiency in the administration of justice. Therefore, section 145(2) is an important provision of the Criminal Code of Canada that aims to maintain the integrity of the justice system by ensuring that all parties involved fulfill their obligations.
COMMENTARY
Section 145(2) of the Criminal Code of Canada deals with the offence of failing to attend court or surrender oneself, either in accordance with an undertaking or recognizance given to or entered into before a justice or judge, or as required by the court, justice, or judge. This is an indictable offence, meaning it is considered more serious and can result in imprisonment for up to two years, or a summary conviction offence, which is less serious and can result in a fine or a shorter period of imprisonment. The purpose of this section is to ensure defendants remain accountable for their actions and honour their promise to attend court and comply with any orders made by the court, justice, or judge. Failure to attend court can cause delays and disrupt the administration of justice, while failure to surrender oneself can result in the individual not being brought before the court and potentially avoiding prosecution. The burden of proof that an individual had a lawful excuse for failing to attend court or surrender themselves lies on the defendant. This means that the defendant must provide evidence to demonstrate that their failure was not intentional or that they had a reasonable excuse for their non-compliance. Examples of lawful excuses may include illness, family emergencies, or other extenuating circumstances. It is important to note that this section does not apply to individuals who were unable to attend due to circumstances beyond their control. For example, if an individual was in car accident on the way to court, they would not be guilty of this offence. It is also important to highlight that this offence can result in a criminal record, which can have serious consequences for an individual's future. A criminal record can limit their ability to travel, obtain certain jobs, and affect their reputation. Therefore, it is crucial for individuals to take their obligations to attend court seriously and comply with any orders made by the court, justice, or judge. Overall, Section 145(2) of the Criminal Code provides a mechanism for ensuring defendants remain accountable for their obligations to attend court and comply with court orders. By imposing both indictable and summary conviction penalties, the law ensures that individuals take their obligations seriously and that the administration of justice is not unduly delayed or disrupted.
STRATEGY
Section 145(2) of the Criminal Code of Canada outlines specific circumstances where an individual may be charged with an indictable offence for failing to appear in court as required by their undertaking or recognizance. When dealing with this section, there are several strategic considerations that should be taken into account to ensure the best possible outcome for the accused individual. One of the most important strategic considerations is to understand the nature of the charge and the potential consequences of a conviction. Facing a charge under section 145(2) can lead to a criminal record and imprisonment for up to two years, which can have serious implications for an individual's reputation, employment prospects, and overall quality of life. Therefore, it is important to consult with a criminal defense lawyer who can provide guidance and support throughout the legal process. Another key strategic consideration is the need to establish a lawful excuse for the failure to appear in court. The burden of proof falls on the accused individual to demonstrate that they had a legitimate reason for not attending court, such as illness or an emergency situation. A skilled criminal defense lawyer can help prepare the necessary evidence and arguments to support this defense. It may also be in the accused individual's best interest to negotiate with the Crown prosecutor for a plea deal or reduced sentence in exchange for a guilty plea. This strategy can be effective in cases where the evidence against the accused is strong, and a conviction is likely. A plea deal can help avoid a lengthy trial and potential imprisonment, while still holding the accused accountable for their actions. When dealing with section 145(2) of the Criminal Code of Canada, it is important to have a thorough understanding of the legal system, and the specific circumstances of the case. A skilled criminal defense lawyer can provide invaluable guidance and support throughout the legal process. By carefully considering the strategic options available, an accused individual can ensure the best possible outcome for their case.