section 164.2(3)

INTRODUCTION AND BRIEF DESCRIPTION

A person who was given notice may appeal to the court of appeal against an order made under subsection (1) in response to the notice.

SECTION WORDING

164.2(3) A person who was heard in response to a notice given under subsection (2) may appeal to the court of appeal against an order made under subsection (1).

EXPLANATION

Section 164.2(3) of the Criminal Code of Canada refers to the appeal process for an order made under subsection (1) of the same section. This section deals with the production of documents and information that are deemed necessary for an investigation of an offence that involves child pornography. When a notice is given under subsection (2), a person who is required to produce the said documents or information has the right to be heard. This means that the person can explain their reasons for not producing the requested documents or information, or provide any additional relevant information that can help the investigation. If an order is made under subsection (1) that compels the person to produce the documents or information, the person has the right to appeal to the court of appeal. This appeal can be made on the grounds that the order was made without proper justification, or that the order itself is unconstitutional or invalid. It is important to note that this section applies specifically to offences related to child pornography. The Canadian government takes a strong stance against any form of child exploitation or abuse, and the Criminal Code of Canada includes several provisions aimed at preventing and punishing such offences. In conclusion, section 164.2(3) of the Criminal Code of Canada provides a mechanism for appeal for individuals who receive orders to produce documents or information for an investigation involving child pornography. This appeal process serves as an important safeguard against any potential abuse of power by the government or law enforcement agencies, and ensures that individuals receive fair treatment and due process under the law.

COMMENTARY

Section 164.2(3) of the Criminal Code of Canada deals with appeals against orders made under subsection (1) of this section. This subsection is critical as it allows individuals who have been subject to a peace bond or recognizance order to appeal their situation to the court of appeal. The subsection starts by stating that a person who responded to a notice given pursuant to subsection (2) may file an appeal against an order made under subsection (1). This notice in subsection (2) refers to the notice given to a person when the peace bond or recognizance order is being sought by a police officer or a prosecutor. This subsection is critical in promoting the rights and freedoms of individuals. It prevents people from being bound by peace bonds or recognizance orders without recourse to a higher authority. It is a fundamental principle of the criminal justice system that a person is innocent until proven guilty. By allowing individuals to appeal orders made against them, even in situations where they have been found guilty of the offense in question, the Criminal Code of Canada recognizes that people can be wrongly accused or unfairly treated. The Criminal Code of Canada seeks to ensure that justice is served in every case. Moreover, this subsection is an important safeguard against abuse of the peace bond process. It prevents police officers and prosecutors from using the peace bond process to circumvent other due process protections. It represents a form of checks and balances to the powers of the police and prosecutors. It is important to note, however, that the appeal process provided in this subsection does not change the substantive law or the burden of proof required to impose a peace bond or recognizance order. It merely ensures that individuals who have been subject to these orders have the opportunity to challenge the orders made against them. In conclusion, section 164.2(3) of the Criminal Code of Canada is critical in promoting justice and protecting individual rights. It ensures that individuals subject to peace bonds or recognizance orders have access to the court of appeal to challenge the orders made against them. By doing so, it helps safeguard against abuse of these orders and promotes the fundamental principles of the criminal justice system.

STRATEGY

Section 164.2(3) of the Criminal Code of Canada provides individuals with the right to appeal against orders made under subsection (1). This section applies to individuals who have been served with a notice under subsection (2), which requires them to appear before the court and provide evidence related to a sexual offence. In order to effectively navigate this section of the Criminal Code, several strategic considerations must be taken into account. Firstly, it is essential to understand the scope and limitations of this provision. Section 164.2(3) only permits individuals who have been served with a notice under subsection (2) to appeal against orders made under subsection (1). This means that appellants must have already attended court and provided evidence related to a sexual offence before they can appeal. As such, individuals who have not yet received a notice under subsection (2) cannot use this provision to challenge potential court orders. Another strategic consideration is the timing of the appeal. In order to file an appeal, the individual must ensure that the appeal is filed within the permitted timeframe. Failure to file the appeal within the set time limit may result in the dismissal of the appeal and may affect the individual's ability to challenge the initial order. It is recommended that individuals seek legal counsel to ensure that the appeal is appropriately filed within the accepted timeframe. Additionally, appellants must understand the grounds for appeal. They must identify the specific grounds on which the appeal is being made, such as errors in the trial process or new evidence that was not presented during the initial hearing. It is essential to note that the court of appeal does not re-hear the case, but only reviews the decision made by the lower court based on the evidence that was presented during the initial hearing. Hence, the appellant must be able to demonstrate that significant errors occurred during the initial hearing to warrant an appeal. To effectively navigate this section of the Criminal Code, strategic considerations must be employed, such as hiring appropriate legal counsel to guide the process, understanding the limitations of the legislation, ensuring the appeal is filed within the time limit, and identifying the primary grounds for appeal. Overall, the primary strategy is to ensure that the appeal process is conducted with professionalism in compliance with the legal and ethical standards of the Canadian legal system.