INTRODUCTION AND BRIEF DESCRIPTION
This section defines the term judge for the purposes of sections 490.5 and 490.8 of the Criminal Code of Canada.
SECTION WORDING
490.2(5) In this section and sections 490.5 and 490.8, "judge" means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction.
EXPLANATION
Section 490.2(5) of the Criminal Code of Canada defines the term judge" to clarify its meaning for interpreting Sections 490.5 and 490.8. These sections deal with the concept of release of property seized under a search warrant or a production order in the context of a criminal investigation. The definition of the term judge" in Section 490.2(5) includes both a judge as defined in Section 552 - which refers to any judge of a court of justice, including a provincial court judge - and a judge of a superior court of criminal jurisdiction. This definition is important because it establishes the authority that is required for a judge to make decisions related to the release or retention of property seized under a search warrant or a production order. If the term judge" is not defined in this way, it might be unclear who has the power to make decisions in relation to the release of the seized property. By defining the term judge", Section 490.2(5) ensures that all judges with criminal jurisdiction have the authority to make decisions related to the release of the property, regardless of the court in which they sit. This provides consistency and clarity in the application of the law, and helps to ensure that individuals are treated fairly and consistently throughout the judicial system.
COMMENTARY
Section 490.2(5) of the Criminal Code of Canada defines the term judge" as it relates to a particular section and two others - sections 490.5 and 490.8. This definition is significant because it provides a clear understanding of who qualifies as a judge for the purposes of the relevant sections of the Criminal Code. In essence, this section of the Criminal Code of Canada is aimed at conferring certain powers to a judge who fits the definition laid out in section 490.2(5). This definition includes two categories of judges - those defined in section 552 and judges of a superior court of criminal jurisdiction. These judges are recognized as possessing the necessary legal qualifications and expertise to properly execute the responsibilities imposed on them by the Criminal Code. This section is particularly important when one considers the kinds of powers conferred on a judge in relation to sections 490.5 and 490.8. Section 490.5 of the Criminal Code deals with the issue of victim impact statements and affords victims of crime the opportunity to express the impact of a crime on their lives to the court before a sentence is imposed. Section 490.8 enables a judge to order the restoration of property to the victim of a crime once the accused has been found guilty. In both cases, the judge plays a central role in ensuring that justice is served in accordance with the law. They must weigh the statements of the victims and decide how much weight, if any, to give them in the sentencing process. They must also determine whether to order the restoration of property and to ensure that the proper restitution is made. These are serious responsibilities and require significant legal expertise. In conclusion, section 490.2(5) of the Criminal Code of Canada provides a vital definition for the term judge" as it relates to section 490.5 and 490.8. By doing so, it ensures that the right individuals are tasked with the responsibilities of executing the powers granted under these sections. Ultimately, this promotes a fair and just criminal justice system in Canada where victims are given a voice, and offenders are held accountable for their actions.
STRATEGY
Section 490.2(5) of the Criminal Code of Canada defines the term "judge" for the purposes of sections 490.5 and 490.8, which relate to the forfeiture of property. When dealing with this section, there are several strategic considerations that should be taken into account in order to best protect one's assets and rights. First and foremost, it is important to understand the circumstances under which property can be forfeited under the Criminal Code. Generally speaking, property that is considered "proceeds of crime" or that was used in the commission of a crime can be seized and forfeited by the Crown. This can include everything from cash and bank accounts to vehicles, real estate, and other assets. With this in mind, one of the primary strategies that can be employed is to take steps to prevent property from being used in the commission of a crime in the first place. For example, individuals and businesses should be vigilant about who they do business with, and should take steps to ensure that they are not unwittingly participating in illegal activities. Another strategy is to ensure that all financial transactions are properly documented and accounted for. This can help demonstrate that any assets that may be seized by the Crown were not acquired through illicit means, and can also help protect against bogus allegations of criminal activity. When it comes to dealing with the police and other law enforcement agencies, it is important to remember that individuals have certain rights when it comes to searches and seizures. For example, police may require a warrant to search a private residence or seize property, and individuals have the right to remain silent and to consult with a lawyer. In some cases, it may be appropriate to challenge the legality of a seizure or forfeiture of property in court. This can be a complex and lengthy process, but can be effective in protecting one's rights and assets. Ultimately, the key to navigating this section of the Criminal Code is to be proactive and vigilant in protecting one's assets and rights. This may involve taking steps to prevent criminal activity in the first place, as well as being prepared to take legal action if necessary. By being proactive and strategic, individuals and businesses can effectively protect themselves against the forfeiture of their property under the Criminal Code of Canada.