Criminal Code of Canada - section 672.93(1) - Where justice to release accused

section 672.93(1)

INTRODUCTION AND BRIEF DESCRIPTION

A justice must release an accused unless there are reasonable grounds to believe they violated a previous court order.

SECTION WORDING

672.93(1) A justice shall release an accused who is brought before the justice under section 672.92 unless the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order.

EXPLANATION

Section 672.93(1) of the Criminal Code of Canada outlines the circumstances under which a justice must release an accused when they are brought before them under section 672.92. This section sets out the fundamental principle that everyone is innocent until proven guilty and emphasizes the importance of protecting an individual's rights until they are convicted in a court of law. Under section 672.92, an accused person may be brought before a justice for several reasons, including being on bail and failing to comply with their bail conditions or being subject to an assessment order. When an accused is brought before a justice, the justice must consider whether there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order. If the justice is not satisfied that such grounds exist, they are required to release the accused. Essentially, this section sets out a threshold that must be met before an accused person can be denied their liberty. It engages the principles of proportionality and fairness in the criminal justice system by requiring judges to balance the rights of the accused against the interests of the state in protecting society. By requiring reasonable grounds to be established, this section puts a check on arbitrary detention and ensures that individuals are not punished without due process. In sum, section 672.93(1) of the Criminal Code of Canada reflects the foundational principles of the Canadian criminal justice system. It reflects the importance of protecting individual rights, promoting fairness, and ensuring that the state is held accountable for its actions.

COMMENTARY

Section 672.93(1) of the Criminal Code of Canada deals with the release of an accused who is brought before a justice under section 672.92. This section is very important as it outlines the guidelines that must be followed by a justice in deciding whether to release an accused or not. The section states that a justice must release the accused unless the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order. This provision is essentially designed to ensure that persons who are accused of a crime are not held in custody without just cause. The presumption of innocence is a fundamental principle of the Canadian justice system, and it is enshrined in the Charter of Rights and Freedoms. The presumption of innocence means that an accused is considered innocent until proven guilty in a court of law. As such, every effort must be made to ensure that an accused is not unjustifiably detained before their guilt or innocence is determined. The test set out in section 672.93(1) is an objective one. In order to justify detention, the justice must be satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order. This means that the justice must be presented with evidence that supports the belief that the accused has not complied with a court order. The evidence must be objectively reasonable, meaning that a reasonable person would conclude that the accused is in breach of the order. It is important to note that this section does not apply to all cases. It only applies to situations where an accused has been brought before a justice under section 672.92. Section 672.92 provides for a review of a disposition order or an assessment order. An accused who is subject to such an order may be brought before a justice for a review of the order. The purpose of the review is to determine whether the order should be continued, varied, or terminated. In conclusion, section 672.93(1) of the Criminal Code of Canada is an important provision that safeguards the rights of accused persons. It ensures that an accused is not held in custody without just cause and that their liberty is not unduly restricted. It is a reflection of the fundamental principles of the Canadian justice system, which places a high value on the presumption of innocence and the protection of individual rights.

STRATEGY

Section 672.93(1) of the Criminal Code of Canada is an important provision that governs the release of accused individuals who are brought before a justice under section 672.92. This section sets out the principle of presumption of release, which means that an accused individual should be released unless there are reasonable grounds to believe that they have contravened or failed to comply with a disposition or an assessment order. To deal with this section effectively, there are several strategic considerations that must be taken into account. One of the key strategic considerations when dealing with this section is to understand the criteria for determining whether an accused individual should be released or detained. The Criminal Code provides some guidance on this issue, but the court has also established a number of principles and factors that must be taken into account when making this determination. For example, the court will consider the nature and gravity of the offence, the strength of the Crown's case, the accused's criminal record, and their personal circumstances, including their ties to the community and their risk of flight. Another important strategic consideration when dealing with this section is to develop a thorough understanding of the facts of the case. This includes not only the evidence against the accused, but also their personal circumstances and background. A detailed assessment of these factors can help to identify any issues that may influence the justice's decision to release or detain the accused, and can also inform the development of a strategy for advocating for the accused's release. One strategy that could be employed when dealing with this section is to present compelling evidence in support of the accused's release. This may involve presenting evidence of the accused's ties to the community, such as family, employment, or educational commitments, as well as evidence of their willingness to abide by any conditions of release. Similarly, evidence of the accused's lack of criminal record and low risk of flight may be relevant in arguing for their release. Another strategy that could be employed when dealing with this section is to address any concerns or objections that the Crown may have regarding the accused's release. For example, if the Crown is concerned about the accused's potential danger to the public, it may be possible to propose conditions of release that would mitigate this risk, such as requiring the accused to reside with a surety or limiting their contact with certain individuals or locations. Overall, dealing with section 672.93(1) of the Criminal Code requires a careful and strategic approach that takes into account the individual circumstances of each case. By developing a thorough understanding of the relevant factors and presenting compelling evidence in support of the accused's release, it may be possible to secure their release under this section and ensure that their Charter rights are protected.