INTRODUCTION AND BRIEF DESCRIPTION
This section allows a court, judge or justice to give directions for expediting proceedings regarding an accused person.
SECTION WORDING
526 Subject to subsection 525(9), a court, judge or justice before which or whom an accused appears pursuant to this Part may give directions for expediting any proceedings in respect of the accused.
EXPLANATION
Section 526 of the Criminal Code of Canada relates to expediting proceedings in respect of an accused person. It essentially allows a court, judge, or justice to give directions to speed up the legal process and ensure that justice is served in a timely manner. The section applies to any proceedings under Part XXVII of the Criminal Code, which deals with the summary conviction procedure. This includes cases where an accused is charged with a relatively minor offence that is punishable by a fine or a short term of imprisonment. In practice, section 526 enables the court to take steps such as setting earlier trial dates, limiting the amount of time for each stage of the legal process, and enforcing strict deadlines on the Crown and the defence. By expediting the proceedings, the court can help to reduce the burden on the justice system and prevent undue delays for the accused. However, it's worth noting that section 526 is subject to subsection 525(9), which states that "nothing in this Part abrogates or derogates from any rights or remedies that an accused otherwise has at common law or by statute." This means that any directions given under section 526 must be consistent with the accused's rights to a fair trial and due process under Canadian law. Overall, section 526 is an important provision in the Criminal Code of Canada that helps to ensure that criminal proceedings are carried out in a timely and efficient manner, while still upholding the principles of justice and fairness.
COMMENTARY
Section 526 of the Criminal Code of Canada is a provision that allows for the expediting of criminal proceedings in respect of an accused. The section allows a court, judge, or justice before whom an accused appears pursuant to this Part to give directions for the expediting of proceedings. This provision aims to streamline the process by which criminal cases are heard and ensure that accused individuals are not left waiting for extended periods of time before their cases are heard. This provision is particularly important due to the significant impact that delays in the justice system can have on accused individuals. Lengthy delays can result in accused individuals being left in a state of limbo, unsure of their fate and unable to move on with their lives until their cases are resolved. This can be an especially daunting and stressful experience for those who are unable to afford legal representation, as they must navigate the complex legal system on their own. Furthermore, delays in criminal proceedings can also have an impact on victims and their families. Prolonged delays can result in victims being left without closure or unable to move on from traumatic experiences, while families may be left waiting for justice to be served. The expediting of criminal proceedings through the use of Section 526 is, therefore, a crucial component of the Criminal Code of Canada. This provision empowers courts, judges, and justices to take action to ensure that proceedings move forward quickly and efficiently, and that accused individuals are not left waiting for prolonged periods of time. While the provision is important, there are some limitations to its effectiveness. For example, it may be difficult for a court, judge, or justice to expedite proceedings in cases where the backlog of cases is large or where there are limited resources available. Additionally, the provision only allows for directions to be given for expediting proceedings - it does not guarantee that proceedings will actually be expedited. Despite these limitations, Section 526 of the Criminal Code of Canada is an important provision that helps to ensure that accused individuals receive timely and fair proceedings. By empowering courts, judges, and justices to take action to expedite proceedings, this provision helps to ensure that justice is served quickly and effectively, and that victims and their families are not left waiting for long periods of time for closure.
STRATEGY
Section 526 of the Criminal Code of Canada provides for a powerful tool for expediting criminal proceedings. This section enables a court, judge or justice to provide directions that can expedite proceedings, which can be advantageous for both the accused and the Crown. However, there are a few strategic considerations that must be taken into account when dealing with this section. One of the main strategic considerations is the timing of the application. If an accused is seeking to make an application under section 526, they should do so as soon as possible. This is because the court, judge or justice needs to be satisfied that the directions being sought are necessary to expedite proceedings. Therefore, if an application is made later in the process, the judge may be less inclined to grant it as they may believe that the accused is simply trying to delay the proceedings. Another consideration is the nature of the directions being sought. The court, judge or justice has broad discretion when making orders under section 526, which means that they may make such orders as they see fit. However, it is prudent to request specific directions that are tailored to the needs of the case. This can help to ensure that the orders are more likely to be granted and that they will be effective in speeding up the proceedings. In addition, it is important to consider the impact that an order made under section 526 may have on the Crown's case. The Crown may be opposed to certain directions being sought if they believe that it will impede their ability to present their case in a thorough and complete manner. Therefore, it is important to carefully consider the potential impact of any directions being sought before they are requested. One strategy that may be employed when seeking directions under section 526 is to work collaboratively with the Crown. By doing so, the accused may be able to identify areas where the proceedings can be expedited without impacting the Crown's case. This can help to ensure that the Crown is less likely to oppose any directions being sought and may ultimately lead to a quicker resolution of the case. Another strategy that may be employed is to seek multiple directions under section 526 simultaneously. By doing so, the accused can increase their chances of obtaining at least some of the directions being sought. This can be advantageous as even a small improvement in the speed of the proceedings can be meaningful, particularly in cases where delay can be detrimental to the accused. In conclusion, section 526 of the Criminal Code of Canada provides for a powerful tool for expediting criminal proceedings. However, there are strategic considerations that must be taken into account when seeking directions under this section. By carefully considering the timing, nature and potential impact of any directions being sought, the accused can increase their chances of obtaining orders that will expedite the proceedings. Collaborating with the Crown and seeking multiple directions simultaneously are also strategies that may be employed to achieve this goal.