section 462.48(4)

INTRODUCTION AND BRIEF DESCRIPTION

An order made by a judge under subsection (3) must be served to the person in the manner directed by the judge or as prescribed by rules of court.

SECTION WORDING

462.48(4) A copy of an order made by a judge under subsection (3) shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.

EXPLANATION

Section 462.48(4) of the Criminal Code of Canada refers to the process of serving a copy of an order made by a judge under subsection (3) to the person it is addressed to. The subsection (3) of the code allows a judge to make an order for the restraint and forfeiture of property that is believed to be proceeds of crime or an offence under the code's provisions. Once a judge makes an order under subsection (3), the person to whom the order is addressed must be served a copy of the order. The manner of service will be directed by the judge or prescribed by rules of court. The purpose of serving the order is to ensure that the person is aware of the order and the restrictions it imposes on the property in question. This section is crucial in ensuring that the rights of the person to whom the order is addressed are protected. By serving a copy of the order, the person can seek legal counsel and understand the implications of the restraint and forfeiture of their property. Moreover, this section also helps in making the legal process transparent by providing proof of service of the order. Overall, Section 462.48(4) serves as an essential requirement in ensuring that the due process of law is followed in matters of criminal forfeiture and restraint of property.

COMMENTARY

Section 462.48(4) of the Criminal Code of Canada is undoubtedly an essential provision for ensuring the efficient and effective operation of the criminal justice system in Canada. This provision outlines the requirements for the service of an order made by a judge under subsection (3) of section 462.48 of the Criminal Code of Canada. Subsection (3) of section 462.48 of the Criminal Code of Canada, allows a judge, on application by the Attorney General or a peace officer, to make an order seizing, detaining, preserving, or forfeiting property that is in the possession of a person who is believed to have committed a serious criminal offence. This power is an important tool in preventing criminals from benefiting from the proceeds of their criminal activities. However, an order under subsection (3) is not effective unless it is properly served on the person to whom it is addressed. Section 462.48(4) provides explicit guidelines on the service of such an order. The provision states that the order must be served on the person in the manner directed by the judge or as may be prescribed by the rules of court. The importance of proper service of an order made under section 462.48(3) cannot be emphasized enough. If the order is not properly served, the intended recipient may not be aware of its existence or may not properly understand its implications. This could have significant consequences, such as a failure to comply with the order, leading to the loss of the property, or the inability to defend against a forfeiture application. The provision serves to ensure that the service of an order under subsection (3) is consistent with the principles of natural justice and procedural fairness. With the order clearly served on the intended recipient, they are given the opportunity to exercise their rights to respond to the order, make any necessary representations to the court, and appeal the order if they choose to do so. However, there is still some ambiguity in the provision regarding the manner of service. The provision allows the judge to direct the manner of service, but it also refers to the "prescribed" manner of service. This raises the question of what the prescribed manner of service is and who has the authority to prescribe it. In practice, the prescribed manner of service is specified in the rules of court, which vary depending on the province or territory. The Federal Court Rules and many provincial court rules provide clear guidelines for the service of orders like those made under subsection (3) of section 462.48 of the Criminal Code of Canada. These rules stipulate who is authorized to serve the order, how it should be served, and the timeframes within which the order must be served. These rules help to ensure consistency in the application of the law across the country. In conclusion, section 462.48(4) of the Criminal Code of Canada is a crucial provision for ensuring that orders made under section 462.48(3) are properly served on the intended recipient. This provision helps to ensure that natural justice and procedural fairness principles are upheld, and it allows the recipient of the order to exercise their rights fully. However, the provision could benefit from some clarification regarding the prescribed manner of service, and it is essential for individuals and legal practitioners to be aware of the rules of court that apply in their jurisdictions.

STRATEGY

Section 462.48(4) of the Criminal Code of Canada outlines the procedures that must be followed when serving an order made by a judge under subsection (3). This section is an important part of the Canadian legal system as it ensures that an individual's rights are protected and that they are appropriately notified of any court orders that might impact them. When dealing with this section of the Criminal Code, it is important to consider a number of strategic considerations in order to ensure that the order is properly served and that all parties are aware of the situation. One of the most important strategic considerations when dealing with section 462.48(4) is the manner in which the order is served. The judge may direct the manner in which the order is to be served, or it may be prescribed by rules of court. It is important to pay attention to any specific instructions provided by the judge or the court and to ensure that the order is served in the manner prescribed. This could include serving the order personally or by registered mail, or it may involve alternative methods such as email or fax. Another strategic consideration when dealing with section 462.48(4) is the timing of the service of the order. The order must be served as soon as possible after it is made, but it is important to consider the implications of serving the order too quickly or too slowly. If the order is served too quickly, it may not allow sufficient time for the person to whom it is addressed to prepare a response. On the other hand, if the order is served too slowly, it may delay the implementation of the court order and cause avoidable delays and complications in the legal process. In addition to the timing and manner of service, it is important to consider the implications of the order itself. Specifically, it is important to consider the potential impact of the order on the person to whom it is addressed and any third parties who may be affected. For example, if the order relates to property or assets, it may be necessary to consider the impact on other parties who have an interest in those assets. Similarly, if the order relates to financial or business matters, it is important to consider the potential impact on the person's financial stability or future plans. Strategic considerations when dealing with section 462.48(4) also include communication and negotiation. It is important to keep any affected parties informed of the situation at all times and to work proactively to find mutually agreeable solutions where possible. This may involve negotiating with the person to whom the order is addressed or working with other parties who may be impacted by the order. Effective communication can help to avoid misunderstandings, delays, and unnecessary complications in the legal process. In terms of strategies that could be employed when dealing with section 462.48(4), there are a number of options available. One possible strategy is to ensure that all parties affected by the order are notified in advance and given an opportunity to respond. This may involve providing notice to the person to whom the order is addressed, as well as any other parties who may be impacted. Another strategy is to work proactively to find mutually agreeable solutions that minimize the impact of the order on all parties involved. This could involve negotiating with the person to whom the order is addressed or working with other interested parties to find a resolution. Overall, dealing with section 462.48(4) of the Criminal Code of Canada requires careful consideration and strategic thinking. By paying attention to the manner and timing of service, considering the potential implications of the order, communicating effectively with affected parties, and being proactive in finding solutions, it is possible to navigate this section of the Criminal Code successfully and ensure that all parties' rights are appropriately protected.