section 490.02905(3)

INTRODUCTION AND BRIEF DESCRIPTION

The court must explain its decision with reasons.

SECTION WORDING

490.02905(3) The court shall give reasons for its decision.

EXPLANATION

Section 490.02905(3) of the Criminal Code of Canada is a provision that requires the court to provide reasons for its decision. This provision applies to the court's decision on the issue of granting an order for the forfeiture of property. The Criminal Code of Canada allows for the seizure and forfeiture of a person's property if it is believed to have been obtained through the commission of a crime, or if it is believed to be an instrument or proceeds of crime. However, before an order for forfeiture can be granted, the court must make a decision on the matter and provide justification for its decision. The requirement that the court give reasons for its decision is an important safeguard against arbitrary or unjustified deprivation of property. Reasons allow for transparency and accountability in the decision-making process and provide an opportunity for review or appeal of the decision. The provision also emphasizes the importance of judicial independence and impartiality in the administration of justice. The reasons given by the court must be based on the evidence presented and the applicable law and must not be influenced by external pressure or bias. Overall, Section 490.02905(3) of the Criminal Code of Canada is a vital provision in ensuring that the forfeiture of property only occurs after careful consideration and a fair judicial process. The requirement for reasons promotes transparency and accountability, upholds the principles of judicial independence and impartiality, and provides a mechanism for review and appeal.

COMMENTARY

Section 490.02905(3) of the Criminal Code of Canada is an integral aspect of the criminal justice system in Canada. It establishes a fundamental principle of transparency and accountability in the judicial process. In essence, the section requires that if a court makes a decision relating to a victim's rights, it must provide explicit reasons for the decision. Victims of crime often endure considerable physical, emotional, and psychological suffering. The criminal justice system recognizes that victims should be afforded certain rights during criminal proceedings. These rights include the right to be informed about the case, the right to protection, the right to provide input during the sentencing process, and the right to restitution. Section 490.02905(3) ensures that if a decision is made that impacts these rights, the victim has a clear understanding of why the decision was made. The provision is also closely tied to the principle of fair trial rights. In Canada, an accused is entitled to a fair trial, which includes the right to be informed of the charges against them and the evidence being brought against them. The provision is designed to ensure that victims have similar protections with regards to their right to information. The provision is not only important for victims of crime, but for the public as a whole. The judicial system in Canada is based on the common law, which is anchored in the concept of precedent. If a court makes a decision and provides clear reasons for that decision, it provides guidance to other courts on how they should approach similar cases in the future. This promotes consistency and fairness in the application of the law. Moreover, section 490.02905(3) helps to promote trust and confidence in the judicial process. When victims are given access to information about the decision-making process, they are more likely to feel that they've been treated fairly and that their rights have been respected. This, in turn, strengthens their faith in the justice system and promotes greater cooperation with law enforcement. In conclusion, Section 490.02905(3) of the Criminal Code of Canada is a critical provision in the country's criminal justice system. It promotes transparency, accountability, and fair trial rights. It gives victims access to crucial information, helps to promote consistency in the application of the law, and builds public confidence in the justice system. As such, it is one of the many ways in which the Canadian legal system works to ensure that justice is served.

STRATEGY

Section 490.02905(3) of the Criminal Code of Canada highlights the importance of providing reasons for a court's decision. When it comes to dealing with this section strategically, there are various considerations and strategies that can be employed. In this article, I will discuss some of the strategic considerations and strategies that can be used when dealing with this section of the Criminal Code of Canada. Strategic Considerations A case can be won or lost based on the reasons provided by the court, and as such, it is crucial to ensure that the reasons provided are clear, concise, and comprehensive. Some strategic considerations when dealing with this section of the Criminal Code of Canada include: 1. Ensuring compliance with legal requirements: The court's reasons must comply with legal requirements such as the Constitution, statutes, and case laws. The reasons provided should be consistent with the legal principles and precedents established in these sources. 2. Audience perspective: Consideration should be given to the audience for whom the reasons are being written. The reasons must be logical and clear to the legal community, especially to those who may need to reference the decision. 3. Clarity and persuasion: The reasons should be clear and persuasive to convince the parties involved in the case, including the appellant, respondent, and any other interested parties. 4. Length: The length of the reasons should be appropriate, avoiding excessive wordiness and redundancy. Too short or too long reasons can cause confusion or raise suspicion. Strategies Various strategies can be employed to ensure that the court's reasons are clear, concise, and comprehensive. Some of these strategies include: 1. Ensure that the judge understands their obligation to provide reasons and the purpose of reason-giving. 2. Provide clear and concise summaries of the arguments presented by each side in the case. 3. Provide simple and easily understandable explanations of complex legal concepts and precedents. 4. Emphasize the crucial evidence that led to the court's decision, highlighting the relevant legal principles and laws relied upon. 5. Ensure that the reasons are delivered promptly so that an appeal can be lodged within the appropriate timeframe. Conclusion In conclusion, Section 490.02905(3) of the Criminal Code of Canada highlights the importance of providing reasons for a court's decision. This section plays a significant role in the Canadian legal system, and compliance with it is critical to the administration of justice. When it comes to dealing with this section of the Criminal Code of Canada, strategic considerations and strategies can be employed to ensure that the court's decision is clear, concise, and comprehensive, as well as legally sound.