INTRODUCTION AND BRIEF DESCRIPTION
The court must explain its decision.
SECTION WORDING
490.023(3) The court shall give reasons for its decision.
EXPLANATION
Section 490.023(3) of the Criminal Code of Canada is a provision that requires the court to provide reasons for its decision in relation to a criminal matter. This provision applies in cases where the court is making a decision on an application for a judicial order or in the seizure, retention, or return of property. The requirement for the court to give reasons for its decision is essential as it promotes transparency, accountability, and fairness in the judicial process. The court's decision must be based on the evidence presented, and the reasons provided must explain the rationale behind the decision. The reasons should also indicate that the court has considered all relevant factors and has applied the law correctly to the facts of the case. The provision serves to safeguard the rights of the accused and the public's confidence in the judicial system. The provision ensures that parties to a criminal matter understand the rationale behind the court's decision, and it also facilitates an effective appeal process. In practice, the court's reasons may be lengthy and technical, particularly when dealing with complex legal issues. However, the requirement for the court to provide reasons ensures that the decision-making process is transparent and helps create a framework for future case law. Overall, Section 490.023(3) of the Criminal Code of Canada is an important provision that provides clarity and transparency in the judicial decision-making process. It is a fundamental requirement for ensuring fairness and upholding the public's confidence in the criminal justice system.
COMMENTARY
Section 490.023(3) of the Criminal Code of Canada mandates that a court must provide reasons for its decision concerning a seizure of property pursuant to the Criminal Code. This provision is of crucial importance in ensuring that the legal processes and mechanisms are being followed, and justice is being served. The requirement for a court to provide reasons for its decision is fundamental to the Canadian legal system. It allows for transparency in the judiciary and ensures that the basis for a court's decision is explicitly stated and understood. As such, it can be said that this provision helps to maintain the accountability of the judiciary. There are many reasons why a court might order the seizure of property. In criminal proceedings, for example, a court may order the seizure of goods that are suspected to have been obtained through the proceeds of crime or that might be used to further criminal activity. Such proceedings are governed by Section 490 of the Criminal Code. However, these seizures can have far-reaching effects on the individual whose property has been seized, and as such, it is crucial that the court provides reasons for this decision. When the court provides reasons for its decision, it allows the person whose property has been seized to understand why it was taken and under what conditions it might be returned. In situations where the seizure has been made in error, the individual has a legal path to appeal the decision and prove that the seizure was improper. This is especially important because the seizure of property can have serious ramifications, not just in terms of financial loss but also in the potential damage to an individual's reputation. In certain situations, the court can advocate for the seizure of property without granting the owner an opportunity to respond or object. However, in such cases, the court must still provide a detailed explanation as to why the property is being seized and the reasons for not affording the owner an opportunity to object. The court must also provide a timetable indicating the time at which the owner will have access to justice. In conclusion, Section 490.023(3) of the Criminal Code of Canada plays a crucial role in ensuring that the judicial processes within the country are transparent and accountable. The provision ensures that a court's decision-making process is outlined and understood by the parties involved and can be reviewed and appealed if necessary. The reasons provided by the court help to establish an understanding of why the seizure was made and provide a platform for justice to be served. In this way, the provision plays a crucial role in the administration of justice as it ensures transparency, protects the rights of individuals, and promotes the rule of law.
STRATEGY
Section 490.023(3) of the Criminal Code of Canada is a crucial provision in the criminal justice system as it requires the court to provide reasons for its decision. The reasons given by the court must be clear, concise, and comprehensible to all parties, including the accused, the victim, the prosecutor, and the public. The provision serves several purposes, including promoting transparency, accountability, and the rule of law. Lawyers and litigants should consider several strategic considerations when dealing with this section of the Criminal Code. One strategic consideration is to request the court to provide oral reasons immediately after delivering its verdict. When the court delivers its verdict, it may adjourn the proceeding to provide written reasons at a later date. However, requesting the court to give oral reasons is strategic because it enables the parties to understand the rationale for the decision and provides an opportunity for clarification, if necessary. Additionally, oral reasons allow parties to identify any errors of law or fact that may form the basis of an appeal. Another strategic consideration is to request the court to provide detailed and specific reasons for its decision. The court must not only state the verdict or outcome but also explain how it arrived at that decision. Detailed reasons enable the parties to understand the legal basis, the evidence, and the factors that influenced the court's decision. For example, in a sentencing hearing, the court must explain why it imposed a particular sentence and the factors that it considered, such as the nature of the offence, the offender's culpability, the impact on the victim, and the principles of sentencing. A third strategic consideration is to use the court's reasons as a basis for an appeal or review. Section 683 of the Criminal Code allows parties to appeal a conviction or sentence on the grounds of errors of law or fact or unreasonableness. Detailed and specific reasons by the court provide a basis for identifying errors or unreasonableness, such as misapplication of legal principles, failure to consider relevant evidence, or disproportionate or arbitrary sentencing. Similarly, parties may seek a review or appeal of the court's decision based on its failure to provide adequate reasons, such as ambiguity, inconsistency, or incomplete analysis. A fourth strategic consideration is to prepare persuasive and cogent submissions to the court to influence its decision. Lawyers and litigants should anticipate the issues and arguments that the court may consider and address them in their submissions. Additionally, they should use the relevant legal authorities, such as statutes, case law, and academic sources, to support their positions and to distinguish or undermine the submissions of the other parties. Effective submissions enable the court to make a well-reasoned decision that reflects the parties' positions and the legal principles. In conclusion, section 490.023(3) of the Criminal Code of Canada requires the court to provide reasons for its decision, which has several strategic considerations. The court's reasons should be clear, concise, and comprehensible, and parties may request oral and detailed reasons, use the reasons as a basis for appeal or review, and prepare persuasive submissions to influence the court's decision. By considering these strategic considerations, lawyers and litigants can ensure that the court's decision reflects the principles of transparency, accountability, and the rule of law.