section 487.053(2)

INTRODUCTION AND BRIEF DESCRIPTION

If the court does not make a decision, it must set a hearing date within 90 days and may require the person to appear via closed-circuit television or another means allowing for simultaneous communication.

SECTION WORDING

487.053(2) If the court does not consider the matter at that time, it (a) shall, within 90 days after the day on which it imposes the sentence, makes the finding or directs that the person be discharged, set a date for a hearing to do so; (b) retains jurisdiction over the matter; and (c) may require the person to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

EXPLANATION

Section 487.053(2) of the Canadian Criminal Code outlines the procedures to be followed when a court does not consider an issue related to an offender's sentence at the time of imposing the sentence. This section states that the court must either set a date for a hearing to address the matter within 90 days of imposing the sentence or direct that the person be discharged. The court retains jurisdiction over the matter and may require the person to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication. This section also ensures that the person is given the opportunity to communicate privately with counsel if they are represented by counsel. The purpose of this section is to ensure that all issues related to an offender's sentence are addressed and that the court retains jurisdiction over the matter until it is fully resolved. This is important to ensure that justice is served and that offenders are held accountable for their actions. This section also allows for flexibility in terms of how the hearing is conducted, as long as the person is given the opportunity to communicate privately with counsel and to participate in the hearing. Overall, section 487.053(2) is an important provision in the Criminal Code that helps to ensure justice is served and that the needs of offenders and victims are appropriately addressed.

COMMENTARY

Section 487.053(2) of the Criminal Code of Canada is related to the post-sentencing regime that ensures the rights of the accused in relation to the associated orders and obligations. The section mandates the court to consider the matter after the sentence is imposed to reach a final conclusion on the matter. If the court does not consider the matter at that time, it retains jurisdiction over the matter and sets a date to do so within 90 days. Additionally, the court may require the person to appear by closed-circuit television or other means that allow for simultaneous visual and oral communication. Section 487.053(2) is essential to ensure that the courts comply with their duties and obligations during post-sentencing reviews. This section ensures that the accused has the right to fair treatment and that the mandate of the legal system is upheld. The section empowers the court with the authority to monitor the progress of the accused and to impose further conditions and restrictions during post-sentencing. The retention of jurisdiction allows the court to revisit a sentence or make further findings if necessary. This is an important safeguard to ensure that the sentence is appropriate for the crime committed and that the accused is held accountable. Moreover, this measure also ensures that the accused's rights are respected by giving them the opportunity to communicate with counsel if they are represented. The provision for a hearing date ensures that the court acts in a timely and organized manner. This ensures that the accused is not subjected to undue delays and is given a chance to put forward their case if necessary. It also ensures transparency in the judicial system by making sure that all actions are recorded and documented. The provision for closed-circuit television or other means of communication is also an important aspect of this section. It ensures that even if the accused is not physically present in court, they have the opportunity to communicate with the court and to be heard. This provision is particularly relevant at times when in-person hearings are not possible due to various reasons like pandemics and other postal emergencies. In conclusion, Section 487.053(2) of the Criminal Code of Canada is an important measure to ensure the rights of the accused and to maintain the integrity of the justice system. The provision for post-sentencing reviews and retention of jurisdiction is an important safeguard to ensure that the accused is held accountable for their actions. Additionally, the provision to appear via closed-circuit television or other responsive sources allows for increased flexibility and a functional way to hold hearings remotely.

STRATEGY

Section 487.053(2) of the Criminal Code of Canada outlines a process for the court to consider a matter at the time a sentence is imposed or at a later date. In dealing with this section, there are several strategic considerations that must be taken into account. These include the timing of the hearing, the retention of jurisdiction, and the use of closed-circuit television or other means of communication. One of the strategic considerations when dealing with this section is the timing of the hearing. If the court does not consider the matter at the time of sentencing, it must set a date for a hearing within 90 days. This means that counsel must be prepared to advocate for their client within a relatively short timeframe, and must be ready to present evidence and arguments in support of their position. To do this effectively, counsel must be organized and prepared, and must have a clear understanding of the relevant legal and factual issues. Another strategic consideration is the retention of jurisdiction. Even if the court does not consider the matter at the time of sentencing, it retains jurisdiction over the matter. This means that counsel must be prepared to advocate for their client at any future hearing, and must be ready to argue against any proposed findings or orders. To do this effectively, counsel must stay up-to-date on any developments in the case and must maintain a strong relationship with their client. A third strategic consideration is the use of closed-circuit television or other means of communication. If the court requires the person to appear by closed-circuit television or other means, counsel must ensure that their client is given the opportunity to communicate privately with counsel if they are represented. This means that counsel must be able to communicate effectively with their client even if they are not physically present, and must be ready to advocate for their client in a remote setting. There are several strategies that counsel can employ when dealing with section 487.053(2). One strategy is to prepare early, even before a hearing is scheduled. This means that counsel should gather evidence and prepare arguments in advance, so that they are ready to present their case at a moment's notice. Another strategy is to maintain a strong relationship with the client, so that they are always aware of any developments in the case and can be prepared to testify or provide evidence if necessary. A third strategy is to be aware of any potential legal issues that may arise in the case. This means that counsel should stay up-to-date on developments in the law and should be prepared to argue against any proposed findings or orders that are not supported by the law. Finally, counsel should be familiar with the judges and court personnel who may be involved in the case, so that they can tailor their arguments and presentation to the particular audience they will be facing. In conclusion, there are several strategic considerations when dealing with section 487.053(2) of the Criminal Code of Canada. These include the timing of the hearing, the retention of jurisdiction, and the use of closed-circuit television or other means of communication. To be successful in advocating for their clients, counsel must be prepared, organized, and strategic, and must have a deep understanding of the legal and factual issues at stake.