section 482.1(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the application of specific sections and modifications for issuing a summons or warrant under subsection (3).

SECTION WORDING

482.1(4) Section 512 and subsection 524(1) apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).

EXPLANATION

Section 482.1(4) of the Criminal Code of Canada addresses the issuance of a summons or warrant in relation to an offence under Part XII.2, which deals with the dissemination of intimate images without consent. This provision stipulates that the rules for issuing a summons or warrant, as found in Section 512 and subsection 524(1) of the Criminal Code, apply to this offence with any necessary modifications. Section 512 of the Criminal Code describes the procedure for issuing a summons, which is a legal order requiring a person to appear in court to face charges. A summons may be issued in lieu of a warrant if it is believed that the accused is likely to appear in court voluntarily. Subsection 524(1) outlines the rules for issuing a warrant, which is a legal order allowing law enforcement officials to arrest a suspect. By applying these rules to the issuance of a summons or warrant for the offence of distributing intimate images without consent, the courts and law enforcement officials are required to follow established procedures in acquiring an order for arrest. This ensures that the accused's rights are protected and that the arrest is carried out in a legal and just manner. The provision also allows for modifications as necessary to accommodate specific circumstances related to the offence of circulating intimate images. This means that the courts and law enforcement officials are expected to follow both the letter and the spirit of the law in carrying out this provision. In conclusion, section 482.1(4) of the Criminal Code of Canada provides clear guidelines for the issuance of a summons or warrant for the offence of disseminating intimate images without consent. It ensures that the rights of the accused are protected while ensuring that the law is upheld and enforced in a just and fair manner.

COMMENTARY

Section 482.1(4) of the Criminal Code of Canada is an important provision that governs the issuance of a summons or warrant under subsection (3). The provision states that Section 512 and subsection 524(1) apply to the issuance of a summons or warrant under subsection (3), with any modifications that the circumstances require. This provision is important because it ensures that the issuance of a summons or warrant in relation to an offence under section 482.1 is subject to the same rules and procedures as any other offence. The provisions of section 512 and subsection 524(1) provide guidance on when a summons or warrant may be issued, and what are the requirements for their issuance. The provision further clarifies that any modifications to the process for issuance of a summons or warrant under subsection (3) may be made based on the circumstances of the case. More specifically, section 512 of the Criminal Code of Canada sets out the rules governing the issuance of a summons. A summons is a court order requiring an accused person to appear before a court on a certain date and time to answer a charge. Subsection 524(1) of the Criminal Code of Canada, on the other hand, provides the guidelines for the process of issuing a warrant of arrest, which is an order to arrest an accused person and bring them before a court. The application of section 512 and subsection 524(1) ensures that the process of issuing a summons or warrant under subsection (3) is not arbitrary and is based on the legal principles of fairness, reasonableness, and justice. Moreover, the provision recognizes that the circumstances of the case may require modifications to the process for issuance of a summons or warrant. For example, the nature of the offence, the seriousness of the allegations, the risk of harm or flight of the accused, or the availability of the accused may be factors that require modifications to the standard process for the issuance of a summons or warrant. Therefore, the provision provides flexibility in the application of the rules based on the specific circumstances of the case. In conclusion, section 482.1(4) of the Criminal Code of Canada ensures that the process for the issuance of a summons or warrant under subsection (3) follows the same fair and reasonable guidelines as any other offence. It provides guidance on the requirements for the issuance of a summons or warrant, while recognizing the need for modifications based on the particular circumstances of the case. Overall, the provision promotes the fair and just administration of justice in relation to offences under section 482.1 of the Criminal Code of Canada.

STRATEGY

Section 482.1(4) of the Criminal Code of Canada is an important provision that outlines the application of Section 512 and Subsection 524(1) in relation to the issuance of a summons or a warrant under subsection (3). This provision is significant in criminal cases where summonses or warrants may be required to secure the presence of a person in court or to facilitate the investigation of a criminal offence. Strategic considerations when dealing with this provision include the need to balance the interests of justice, the rights of the accused, and the interests of society in ensuring that criminal offences are investigated and prosecuted. As such, key strategies that could be employed include the following: 1. Assessing the evidence: Before seeking a summons or warrant, prosecutors or investigators should carefully assess the available evidence to determine whether it is sufficient to justify the issuance of such an order. The evidence should be reliable, admissible, and capable of supporting a charge or a successful prosecution. 2. Considering less intrusive means: Prosecutors or investigators should consider using less intrusive means to secure the presence of a person in court or to facilitate an investigation, such as issuing a court order or requesting that the person attend voluntarily. This can help to minimize the impact on the person's rights and prevent unnecessary disruption to their daily life. 3. Seeking judicial authorization: Before seeking a summons or warrant, prosecutors or investigators should seek judicial authorization, where possible, to ensure that the order is issued in accordance with the law and with appropriate safeguards. This can involve making an application to a judge or justice of the peace to obtain a warrant or a summons. 4. Meeting procedural requirements: When seeking a summons or warrant, prosecutors or investigators should ensure that all procedural requirements are met, such as providing sufficient details about the person to be summoned or arrested, and ensuring that the order is served properly. 5. Balancing competing interests: Finally, prosecutors or investigators should be mindful of the need to balance the interests of justice, the rights of the accused, and the interests of society in securing the attendance of a person in court or in facilitating an investigation. This requires a careful balancing of all relevant factors, including the nature and gravity of the offence, the potential impact on the accused's rights and liberty, and the public interest in preventing and punishing criminal behaviour. In conclusion, Section 482.1(4) of the Criminal Code of Canada is a crucial provision that governs the issuance of summonses and warrants in criminal cases. To effectively deal with this provision, prosecutors and investigators should carefully assess the evidence, consider less intrusive means, seek judicial authorization, meet procedural requirements, and balance competing interests. By doing so, they can ensure that the issuance of summonses and warrants is done in accordance with the law, with appropriate safeguards, and with due regard for the rights of the accused and the interests of society.