INTRODUCTION AND BRIEF DESCRIPTION
This section states that the provisions for compelling accused individuals to appear before a justice apply to proceedings under specific subsections with necessary modifications.
SECTION WORDING
732.2(6) The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under subsections (3) and (5).
EXPLANATION
Section 732.2(6) of the Criminal Code of Canada relates to compelling the appearance of an accused before a justice in criminal proceedings. The provision makes it clear that the rules and procedures outlined in Part XVI and XVIII of the Code, which deal with the arrest of accused and summoning of witnesses, apply to proceedings under subsections (3) and (5) of Section 732.2. Subsections (3) and (5) of this section deal with the conditions that may be imposed on an accused while they are released on bail pending trial. These conditions may include restrictions on the accused's movements, the requirement to report to a designated place, or the securing of a surety or a deposit. Failure to comply with any conditions may result in a court issuing a warrant for the accused's arrest or, in more serious cases, the forfeiture of the baill sum. The provisions of Parts XVI and XVIII of the Code that apply to these situations are generally applicable to all criminal proceedings and focus on ensuring the safe and orderly conduct of the criminal justice system. It is essential that accused persons appear before a court when required to do so and that witnesses attend court to give testimony. Thus, the provision in Section 732.2(6) ensures that these procedures apply equally to proceedings under Section 732.2(3) and (5) to ensure that the accused adheres to any conditions imposed upon them, and that the court has the power to ensure compliance where necessary. In conclusion, section 732.2(6) is an essential provision that ensures the smooth administration of justice in criminal proceedings by making sure that the procedures under Part XVI and XVIII of the Code apply to proceedings under subsections (3) and (5). This provision helps to ensure that all affected parties, including the accused and witnesses, adhere to established rules and procedures to maintain the smooth functioning of the criminal justice system.
COMMENTARY
Section 732.2(6) of the Criminal Code of Canada is essential in ensuring that the court has the necessary powers to compel the appearance of an accused before a justice. Essentially, this provision allows for the court to effectively enforce the provisions of Parts XVI and XVIII to ensure that an accused is present for their trial. The power to compel an accused to appear before a justice is crucial to the proper functioning of the criminal justice system. For example, if an accused fails to appear in court, it can delay the trial process, resulting in increased costs and prolonged proceedings. In addition, the absence of the accused may make it difficult for the court to assess the credibility of witnesses or evidence. Therefore, this provision ensures that the court can take the necessary steps to ensure an accused shows up for their trial. This may entail issuing an arrest warrant, bailiff warrant, or a summons. The court will assess the circumstances of each case and choose the most appropriate measure to compel the accused to appear. Moreover, the provisions of Parts XVI and XVIII are applied with necessary modifications to proceedings under subsections (3) and (5). This is important because subsections (3) and (5) relate to agreements concerning guilty pleas and the imposition of a sentence. In these circumstances, it is critical that the accused is present to enter their plea or receive their sentence. Without the power to compel an accused to appear before a justice, the criminal justice system would be ineffective in ensuring justice is served. This provision ensures that the court has the necessary tools to manage the trial process and ensure that all parties are present. However, it is also important to recognize that this power must be used judiciously and fairly. The court must carefully consider the circumstances of each case and assess whether the accused's non-appearance was willful and intentional. In some cases, there may be legitimate reasons for the accused's absence, such as illness or an emergency situation. Overall, Section 732.2(6) of the Criminal Code of Canada plays a crucial role in ensuring that the justice system can function effectively. It provides the necessary powers to compel an accused's appearance, ensuring that the trial process is managed appropriately. However, it is important that this power is used with discretion and fairness to ensure that justice is served for all parties involved.
STRATEGY
Section 732.2(6) of the Criminal Code of Canada deals with the provisions governing the appearance of an accused before a justice, specifically in relation to proceedings under subsections (3) and (5). This section of the Criminal Code highlights the importance of strategic considerations when dealing with criminal proceedings and the role of legal professionals in employing effective strategies to achieve favourable outcomes for their clients. One of the key strategic considerations when dealing with section 732.2(6) of the Criminal Code is understanding the circumstances of the case. This includes analyzing the nature of the offence, the strength of the evidence against the accused, and any mitigating or aggravating factors that may affect the outcome of the proceedings. Based on these factors, legal professionals can determine the most appropriate strategy to employ in compelling the appearance of the accused before a justice. Another strategic consideration is identifying the potential challenges or obstacles that may arise during the proceedings. This includes anticipating any objections from the Crown prosecutor or potential arguments that may be raised by the accused. Legal professionals can prepare effective responses to these challenges by understanding the relevant case law and statute law and preparing persuasive arguments to address potential objections or arguments. Moreover, it is important to determine the most appropriate forum for the proceedings. This includes considering factors such as the nature of the offence, the size of the community, and the availability of legal professionals and resources. By carefully assessing these factors, legal professionals can determine whether it is more appropriate to proceed with the case in a provincial court or a superior court. In addition, legal professionals can employ a range of strategies to compel the appearance of the accused before a justice. These strategies may include issuing subpoenas, seeking court orders, and engaging with the accused's counsel to negotiate the terms of their appearance. The precise strategy employed will depend on the circumstances of the case and the desired outcome of the proceedings. Finally, legal professionals can also employ strategies to manage the wider implications of the case, particularly from a public relations perspective. This may include developing a communication strategy to manage media coverage, engaging with key stakeholders, and communicating with clients and their families to manage any reputational damage that may arise from the proceedings. Overall, effective engagement with section 732.2(6) of the Criminal Code of Canada requires a carefully considered and strategic approach. By understanding the circumstances of the case, anticipating potential challenges, and employing effective strategies to compel the appearance of the accused before a justice, legal professionals can achieve favourable outcomes for their clients and manage wider reputational risk.