INTRODUCTION AND BRIEF DESCRIPTION
This section allows for a person to be detained or released on recognizance when brought before court under specific warrants.
SECTION WORDING
706 Where a person is brought before a court, judge, justice or provincial court judge under a warrant issued pursuant to subsection 698(2) or section 704 or 705, the court, judge, justice or provincial court judge may order that the person (a) be detained in custody, or (b) be released on recognizance in Form 32, with or without sureties, to appear and give evidence when required.
EXPLANATION
Section 706 of the Criminal Code of Canada provides guidance on what the court, justice, or provincial court judge should do when a person is brought before them under a warrant issued pursuant to subsection 698(2) or sections 704 or 705 of the Criminal Code of Canada. In such cases, the court or judge has two options: to detain the person in custody or to release them on recognizance. Detention in custody means that the person will be held in jail or a similar facility until their trial or until they are released based on other conditions, such as bail or parole. On the other hand, releasing the person on recognizance means that they will be allowed to leave custody but remain under certain conditions, such as appearing in court when required or following certain restrictions. If the court or judge decides to release the person on recognizance, they may require that the person provide sureties who are willing to vouch for them, ensuring that they will appear in court and meet the conditions of their release. This section of the Criminal Code is significant because it helps to ensure that the process of bringing a person before the court is handled appropriately. It also serves to protect the rights of the accused person by providing options for release from custody. The decisions made based on this section are crucial in determining the course of the case and any potential outcomes for the individual in question. Overall, the aim of this section is to ensure that justice is served fairly and equally for all individuals within the Canadian justice system.
COMMENTARY
Section 706 of the Criminal Code of Canada is a crucial statute when it comes to the arrest and detainment of individuals who are suspected of committing a crime. This statute is an essential part of the legal framework in Canada as it provides a mechanism for the authorities to conduct their investigations while ensuring the rights of the accused are upheld. In its most basic sense, Section 706 provides for the detention or release of an individual who has been arrested based on a warrant issued pursuant to subsection 698(2) or section 704 or 705. This section is used in cases where there is sufficient reason to believe that the accused may attempt to flee or tamper with evidence, or where the accused poses a risk to public safety or the safety of others. It enables the courts to make a determination as to whether the accused should be detained or released on conditions during the pre-trial stage of the criminal justice process. One of the key aspects of Section 706 is that it allows for the accused to be released on a recognizance. This means that an accused person who is not considered to be a flight risk or a danger to society can be released from custody on the condition that they provide certain guarantees and comply with specific court-imposed conditions. These conditions might include such things as reporting to a police station on a regular basis, abstaining from drugs or alcohol, or staying away from certain individuals or locations. By doing so, this section allows for the accused to maintain some level of normalcy during their pre-trial detention, while also keeping them from leaving the jurisdiction of the court. Another essential aspect of Section 706 is that it ensures that an accused person is given due process in the legal system. This section provides the courts with the power to review the evidence presented by the Crown, as well as the accused's personal history and circumstances. The courts can take this into consideration when making their decision about whether the accused should be detained or released on bail. In this way, Section 706 helps to safeguard the rights of the accused, ensuring that the principles of fundamental justice are respected. However, the application of Section 706 is not without its issues. Critics have argued that the provision can be used to disproportionately detain individuals who are from marginalized communities or who lack the financial resources to secure bail. There have also been concerns that the section has been applied too rigidly, with accused persons being detained for lengthy periods without trial. There have been calls for greater reforms to the bail system in Canada to address these issues. Despite these challenges, Section 706 remains an essential feature of the Canadian criminal justice system. It strikes a balance between the need to protect the public and the rights of the accused. It enables the courts to make informed decisions about bail and pre-trial detention based on evidence and circumstances. While there is always room for improvement, the provisions set out in Section 706 are integral to the just and fair administration of justice in Canada.
STRATEGY
Section 706 of the Criminal Code of Canada gives courts, judges, justices, and provincial court judges the authority to detain or release an individual who is brought before them under a warrant issued pursuant to subsection 698(2) or sections 704 or 705. This section provides a legal framework to ensure that individuals are not arbitrarily detained and are afforded the opportunity to appear in court to give evidence if required. However, there are several strategic considerations that need to be taken into account when dealing with Section 706. One of the primary strategic considerations when dealing with Section 706 is to ensure that the detained individual's rights are protected. This means that the individual must be informed of their rights, including the right to counsel, and provided with access to legal representation. In cases where the individual is not a Canadian citizen, it is important to ensure that their immigration status is considered, and that their detention does not affect their ability to remain in Canada. Another consideration is the risk of flight. If the individual is deemed to be a flight risk, the court may decide to detain them to ensure that they appear in court when required. In such cases, it is essential to provide the court with evidence to support the decision to detain the individual. This may include evidence of the individual's previous criminal record, the nature of the offence they are accused of, or evidence of their ties to the community. A third strategic consideration is the need to balance the rights of the detained individual with the interests of justice. This means that the court must consider the impact that the individual's detention may have on their mental and physical health, as well as their family and social relationships. The court must also consider the impact that the individual's release may have on public safety. Some strategies that could be employed when dealing with Section 706 include providing the court with evidence to support the decision to detain or release the individual. This evidence may include information on the individual's criminal record, employment status, family ties, community ties, and immigration status. Another strategy is to negotiate with the Crown to reach a plea agreement that may result in the individual being released on less restrictive bail conditions. In conclusion, Section 706 of the Criminal Code of Canada provides a legal framework to ensure that individuals are not arbitrarily detained and are afforded the opportunity to appear in court to give evidence if required. However, several strategic considerations need to be taken into account when dealing with this section, including protecting the detained individual's rights, considering the risk of flight, and balancing the rights of the individual with the interests of justice. Employing effective strategies can help to ensure that the outcome is fair and just for all involved.