INTRODUCTION AND BRIEF DESCRIPTION
This section allows a judge to order a prisoner to be brought before the court if the ends of justice require it and certain conditions are met.
SECTION WORDING
527(1) A judge of a superior court of criminal jurisdiction may order in writing that a person who is confined in a prison be brought before the court, judge, justice or provincial court judge before whom the prisoner is required to attend, from day to day as may be necessary, if (a) the applicant for the order sets out the facts of the case in an affidavit and produces the warrant, if any; and (b) the judge is satisfied that the ends of justice require that an order be made.
EXPLANATION
Section 527(1) of the Criminal Code of Canada provides a mechanism for a judge to order that a person who is confined in a prison be brought before them. This court order is typically used to ensure that the process of justice can proceed effectively, particularly in cases where the prisoner is required to appear in court. To obtain this court order, the applicant must provide an affidavit, which should set out the relevant facts of the case and include any applicable warrants. The judge will then review the affidavit and, if satisfied that the ends of justice require it, will issue the order for the prisoner to be brought before them. There are a number of reasons why a judge might order a prisoner to be brought to court. For example, if the prisoner is required to appear in court as part of their trial, or if they are required to provide testimony as a witness, the judge may issue an order to ensure that their presence can be guaranteed. Similarly, if a judge feels that the interests of justice would be served by having the prisoner present in court, they may issue the order as well. Overall, Section 527(1) is a crucial part of the Criminal Code of Canada, as it ensures that the court process can proceed smoothly and that the necessary parties are present when required.
COMMENTARY
Section 527(1) of the Criminal Code of Canada provides a mechanism for a person who is confined in a prison to be brought before a judge of a superior court upon the satisfaction of two conditions. Firstly, the applicant for the order must submit an affidavit setting out the facts of the case and produce the warrant, if any. Secondly, the judge must be satisfied that the ends of justice require the order to be made. The provision confers a power on a judge to ensure that a person who is lawfully detained in a prison can attend court proceedings as required. This is an important safeguard of an individual's right to a fair trial and due process of law. For example, a person who is detained as a result of being charged with a criminal offence may require to be present in court for procedural reasons such as the setting of trial dates, entering pleas and pre-trial applications. In these circumstances, Section 527(1) of the Criminal Code of Canada allows the person to be brought to court as necessary. The requirement for the applicant to submit an affidavit setting out the facts of the case and produce the warrant, if any, ensures that the judge has the necessary information to make an informed decision about whether the ends of justice require the order to be made. The requirement also serves to prevent frivolous applications being made, thereby avoiding unnecessary disruption of the prison and court systems. The term "ends of justice" is not defined in the Criminal Code of Canada, and this has led to judicial interpretation of the provision. In R v Tomassetti, the Ontario Court of Appeal held that the phrase refers to "a broad and flexible concept which encompasses the fairness, efficiency and effectiveness of the criminal justice system as well as the protection of the public". The Court further held that the phrase does not require a connection between the attendance of the prisoner and the substantive issues of the case. A practical issue with Section 527(1) of the Criminal Code of Canada is the logistics involved in transporting prisoners to and from courthouses. Transportation costs and security concerns are primary considerations for prison officials and courts. The provision also places a burden on the court system to accommodate the attendance of prisoners, which may affect the efficiency of court processes. In addition, there is the issue of potential disruption to the daily routines of the prison. In conclusion, Section 527(1) of the Criminal Code of Canada provides an important mechanism to ensure that individuals who are lawfully detained in a prison can attend court proceedings when required. The provision is key to protecting a person's right to a fair trial and due process of law. However, there are practical challenges associated with its implementation, and these must be considered by the court and prison officials when making and implementing the order.
STRATEGY
Section 527(1) of the Criminal Code of Canada provides a mechanism for a judge to order that a person who is imprisoned be brought before the court, judge, justice or provincial court judge for a criminal proceeding. This section contains important procedural safeguards for prisoners who are facing charges. However, there are several strategic considerations that a lawyer or party involved in a criminal proceeding must take into account when dealing with this section. One important consideration is related to the timing of the application. Section 527(1) allows for a prisoner to be brought before the court as necessary, which means that a party can make multiple applications as the proceeding progresses. However, making repeated applications can be costly and time-consuming. Therefore, it is important to carefully assess the stage of the proceeding when making an application and consider whether the timing is appropriate. Another strategic consideration relates to the nature of the case. The applicant must set out the facts of the case in an affidavit, and the judge must be satisfied that the ends of justice require the order to be made. Therefore, it is important to ensure that the affidavit is comprehensive and persuasive. It may be necessary to include additional evidence or argument to support the case for why the prisoner should be brought before the court. Furthermore, a strategic consideration related to section 527(1) is the location of the prisoner. If the prisoner is in a remote or difficult-to-access location, it may be harder to make an application or for the court to comply with the order. Therefore, it may be necessary to consider alternative options, such as video conferencing or transportation arrangements, to overcome these logistical challenges. Another strategic consideration relates to the potential impact of the order on the prisoner. Being brought to court and participating in a criminal proceeding can be stressful and traumatic for the prisoner, especially if they are already facing incarceration. Therefore, it is important to carefully assess the potential impact of the order on the prisoner and consider whether the benefits of the order outweigh the potential harm. In terms of strategies that could be employed when dealing with section 527(1), one approach is to work collaboratively with the other parties involved in the proceeding. This can involve seeking agreement on the timing and nature of the application or finding mutually agreeable solutions to logistical challenges. Another strategy is to provide detailed and compelling evidence to support the case for why the prisoner should be brought before the court. This may involve conducting additional investigations, gathering witness statements, or providing legal analysis to support the argument. Overall, section 527(1) of the Criminal Code of Canada provides an important mechanism for prisoners to participate in criminal proceedings. However, it is important to carefully consider the strategic implications of making an application under this section and to employ effective strategies to achieve the desired outcome.