INTRODUCTION AND BRIEF DESCRIPTION
The court or Review Board may designate a party with a substantial interest in protecting the accused if it is just to do so.
SECTION WORDING
672.5(4) The court or Review Board may designate as a party any person who has a substantial interest in protecting the interests of the accused, if the court or Review Board is of the opinion that it is just to do so.
EXPLANATION
Section 672.5(4) of the Criminal Code of Canada empowers the court or Review Board to designate a person as a party to the proceedings if the person has a substantial interest in protecting the interests of the accused. The section aims to ensure that the accused and their interests are properly represented in the proceedings. The designation of a party under this provision is not automatic and is subject to the discretion of the court or Review Board. The court or Review Board must be of the opinion that it is just to designate a person as a party, taking into account the nature and extent of the person's interest and the potential impact of the proceedings on those interests. The provision recognizes that there may be individuals or groups who have a significant interest in the outcome of the proceedings beyond the accused themselves. For example, family members, friends, and advocates may have a personal or professional relationship with the accused or may be affected by the proceedings in other ways. In such cases, the court or Review Board may designate these individuals or groups as parties to ensure that their interests are heard and considered. Designating a person as a party under this provision grants them certain rights and responsibilities in the proceedings. They have the right to be notified of all hearings and evidence presented in the case, the right to make submissions to the court or Review Board, and the right to be represented by counsel. They also have the responsibility to adhere to the rules and procedures set out by the court or Review Board and to act in accordance with the best interests of the accused. Overall, Section 672.5(4) of the Criminal Code of Canada recognizes that the interests of the accused go beyond their own individual rights and that other individuals or groups may have a significant stake in the proceedings. Designating such parties balances the interests of all affected by the case, ensuring that justice is not only done but is seen to be done.
COMMENTARY
The Canadian criminal justice system puts a lot of emphasis on the protection of individual rights and freedoms. This is not only demonstrated by the way in which the accused are treated, but also by the various procedural safeguards that are put in place to ensure that the justice system operates fairly and impartially. Among these safeguards is section 672.5(4) of the Criminal Code of Canada. This provision allows the court or Review Board to designate as a party any person who has a substantial interest in protecting the interests of the accused. The rationale behind this provision is that the interests of the accused should not be left solely in the hands of their legal counsel. There may be individuals who are not lawyers, but who have knowledge or expertise that would be useful in protecting the accused's interests. By allowing such individuals to be designated as parties, the court or Review Board can ensure that the accused benefits from a wider range of perspectives, and that their interests are protected to the fullest extent possible. However, not just anyone can be designated as a party under section 672.5(4). The provision requires that the person have a "substantial interest" in protecting the interests of the accused. This means that the person must have a direct stake in the outcome of the proceedings, and that their interests must be genuinely aligned with those of the accused. This requirement serves to prevent the court from becoming bogged down with irrelevant or tangential issues, and ensures that only those who can truly contribute to the proceedings are given a voice. Another important factor to consider is whether it is "just" to designate a person as a party. This goes beyond a mere consideration of whether the person has a substantial interest in the proceedings. The court or Review Board must also weigh the potential benefits of the person's participation against any negative effects it may have on the proceedings. For example, if a potential party has a history of disruptive behaviour or is likely to be uncooperative with the court process, it may not be just to allow them to participate. Section 672.5(4) has been used in a wide variety of cases over the years. For example, it has been used to allow family members to participate in a review hearing for an individual who has been found not criminally responsible on account of mental disorder. It has also been used to allow victims of crime to participate in certain parts of the proceedings, such as the sentencing hearing. In both cases, the individuals designated as parties had a direct stake in the outcome of the proceedings, and their perspectives were deemed to be relevant and useful. Overall, section 672.5(4) of the Criminal Code of Canada is an important provision that helps to ensure that the accused receives a fair and impartial trial. By allowing individuals with a substantial interest in the proceedings to be designated as parties, the court or Review Board can benefit from a wider range of perspectives, and the accused's interests can be protected to the fullest extent possible. However, it is important to ensure that only those who can truly contribute to the proceedings are given a voice, and that their participation does not unduly interfere with the fairness or efficiency of the proceedings.
STRATEGY
When dealing with Section 672.5(4) of the Criminal Code of Canada, there are several strategic considerations that should be taken. This section of the code allows the court or Review Board to designate a person as a party in a hearing if they have a substantial interest in protecting the interests of the accused. The following are some strategic considerations to bear in mind in such situations: 1. Assess the risk: Before designating someone as a party, the court or Review Board must first assess the risks associated with doing so. They must evaluate whether the involvement of that person is likely to complicate the hearing or delay the proceedings. 2. Identify potential parties: The party that could be designated must have a substantial interest in protecting the interests of the accused person. Identifying the right person(s) who meet this requirement is essential. 3. Advise the potential party of their rights: The person identified as a potential party should be advised of their rights and responsibilities. These include their right to legal representation, their duty to cooperate, and their right to present evidence. 4. Conduct a case analysis: Before a party is designated, a case analysis must be conducted to determine the implications of their involvement. Factors such as the strength of the evidence, the parties' positions, and the potential impact of the party's involvement should be considered. 5. Ensure impartiality: The court or Review Board must ensure that any party designated is impartial and does not have an interest in the outcome of the case that goes beyond protecting the interests of the accused. Strategies that could be employed in situations involving Section 672.5(4) of the Criminal Code of Canada include: 1. Engaging an experienced criminal defence attorney: An experienced criminal defence attorney can help navigate the complexities of the section, provide recommendations, and help to identify the most appropriate potential parties. 2. Conducting risk assessments: Risk assessments can help determine the implications of designating a particular party. These assessments can also help to identify potential risks and mitigate them. 3. Conducting thorough case analysis: The analysis should encompass the complexity of the case, the potential implications of the involvement of the party, and how the party could affect the outcome of the case. 4. Establishing clear communication channels: Clear communication channels should be established between the person designated and their legal representative to ensure they understand their rights and responsibilities. 5. Ensuring impartiality: The court or Review Board must ensure that the person designated as a party is impartial and does not have a financial or other interest in the outcome of the case. In conclusion, Section 672.5(4) of the Criminal Code of Canada can have significant implications for the outcome of hearings. Therefore, strategic considerations, such as assessing risk and impartiality, should be taken, and certain strategies implemented to handle such situations effectively. Engaging an experienced criminal defence attorney can assist with navigating the complexities of the section and implementing effective strategies to protect the interests of the accused.