INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the acceptable methods of serving legal documents on organizations.
SECTION WORDING
703.2 Where any summons, notice or other process is required to be or may be served on an organization, and no other method of service is provided, service may be effected by delivery (a) in the case of a municipality, to the mayor, warden, reeve or other chief officer of the municipality, or to the secretary, treasurer or clerk of the municipality; and (b) in the case of any other organization, to the manager, secretary or other senior officer of the organization or one of its branches.
EXPLANATION
Section 703.2 of the Criminal Code of Canada outlines the rules and regulations regarding the process of serving summons, notices, or other legal process on organizations. While there are various methods of serving legal papers on individuals, serving on an organization is a bit complicated as the entity might not have a centralized address or representative. The section lays out the practical methods of serving the legal document on the organization. According to this section, in the case of a municipality, the legal process should be delivered to the mayor, warden, reeve, or other chief officer of the municipality, or to the secretary, treasurer, or clerk of the municipality. For other organizations, legal papers should be served on the manager, secretary, or other senior officer of the organization or one of its branches. The purpose of this section is to ensure that the legal process is served appropriately on the organization, regardless of its size, industry, or location. This clause also makes it easier for the document server to serve the legal document on the right person and for the organization to receive the legal arrangement in a timely and effective manner. In conclusion, this section outlines the practical steps for serving legal documents on organizations, which helps to maintain the integrity of the legal system by ensuring that organizations also receive fair and just treatment under the criminal justice system of Canada.
COMMENTARY
Section 703.2 of the Criminal Code of Canada deals with the method of serving summons or notices to organizations. The section provides for specific people within an organization who may receive the summons or notices on behalf of the organization. It is a crucial section as it ensures that the organization receives the necessary information that is being served on it regarding a criminal matter. The section applies to all organizations, including municipalities, corporations, not-for-profit organizations, and other entities that may be implicated in a criminal matter. It outlines the method by which the summons or other process is to be served, and it is important that individuals serving such documents adhere to the provisions of the section. Where no other method of service is provided, service may be effected by delivery to the designated individuals within the organization. For municipalities, the summons or notice may be delivered to the mayor, warden, reeve or other chief officer of the municipality, or to the secretary, treasurer or clerk of the municipality. On the other hand, in the case of any other organization, to the manager, secretary, or other senior officer of the organization or one of its branches. These individuals are deemed to be authorized to receive such documents on behalf of the organization and are deemed to have received it on the organization's behalf. While the section presumes that the designated individuals are authorized to receive such documents, it is up to the party serving the documents to ensure that the person receiving them is, in fact, authorized to do so. If the designated person is not authorized or is not available, service of the document may not be deemed to have been effected. This may lead to significant delays in the case, which may not be desirable for the parties involved. The purpose of section 703.2 is to ensure that organizations are made aware of the criminal proceedings against them, and are given sufficient notice to prepare their defense, if any. The provisions of the section ensure that organizations have access to the due process of the law and are not disadvantaged. For example, if a municipality were unaware of a criminal proceeding against it, it would be unable to take measures to defend itself, which would lead to an unfair result. In conclusion, section 703.2 of the Criminal Code of Canada is a crucial provision when it comes to serving summons or notices to organizations. The section outlines the designated individuals within an organization who are authorized to receive such documents on behalf of the organization. While the section ensures that such documents are received, the onus is on parties serving such documents to ensure that the designated individual is authorized to receive them. This section ensures that organizations have access to the due process of law and are not disadvantaged in criminal proceedings.
STRATEGY
Section 703.2 of the Criminal Code of Canada outlines the process of serving a summons, notice or other process on an organization. When looking at this section, some strategic considerations need to be taken into account to ensure that the process is executed correctly and efficiently. Firstly, it is essential to identify the appropriate personnel in the organization to serve the summons or notice. According to the section, the service needs to be delivered to the manager, secretary or other senior officer of the organization or one of its branches. Therefore, it is essential to ensure that the correct person is identified and located. Secondly, it is vital to consider the timing of the service. The service must be delivered within the deadline stipulated by the law, and the organization should be given enough notice to prepare for the process. Therefore, careful planning should be done to ensure that the service is delivered within a reasonable timeframe. Thirdly, the mode of delivery should be taken into account. The section specifies that the service can be delivered by delivery. Therefore, it is essential to ensure that the delivery is done correctly. This may include ensuring that the person delivering the service has the authority to do so and that the document is delivered in accordance with the law. Lastly, it is vital to consider the potential consequences of failing to comply with the section. Failure to serve the summons or notice correctly may result in the organization facing legal implications. Therefore, it is essential to ensure that all the procedures are followed correctly to avoid any legal issues that may arise. Given careful consideration of the above-mentioned strategic considerations, some strategies that could be employed may include the following: 1. Identifying the relevant personnel in the organization and having their contact details on hand. 2. Creating a system to track the deadlines for the service and ensure that the service is delivered on time. 3. Ensuring that the person delivering the service is authorized to do so and that the document is delivered in compliance with the law. 4. Developing a protocol for responding to any legal implications that may arise due to non-compliance. In conclusion, section 703.2 of the Criminal Code of Canada outlines the process of serving a summons, notice or other process on an organization. When dealing with this section, strategic considerations such as identifying the relevant personnel, timing of delivery, mode of delivery, and potential consequences of non-compliance need to be taken into account. By following these considerations and employing appropriate strategies, the delivery of the summons or notice can be carried out correctly and efficiently.