Criminal Code of Canada - section 490.5(5) - Appeal from order made under subsection (4)

section 490.5(5)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the process for appealing orders made under subsection (4) and references the applicable procedures in Part XXI.

SECTION WORDING

490.5(5) An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI with respect to procedure on appeals apply, with any modifications that the circumstances require, in respect of appeals under this subsection.

EXPLANATION

Section 490.5(5) of the Criminal Code of Canada deals with the process of appealing an order that has been made under subsection (4). Subsection (4) of Section 490.5 of the Criminal Code of Canada relates to restitution orders that may be issued by the court against the offender for the loss or damage caused by their criminal activity. If an applicant, who is a victim of a crime, or the Attorney General is not satisfied with the restitution order issued by the court under subsection (4), they can appeal to the court of appeal under subsection (5). The provisions of Part XXI of the Criminal Code, which deals with the rules and procedures for appeals, apply to the appeals made under this subsection. However, there may be some modifications required in the procedure of appeals under this subsection, depending on the circumstances. These modifications may include the time limit for filing the appeal, the grounds of appeal, and the evidence required to support the appeal. The purpose of Section 490.5(5) is to ensure that an aggrieved party has the opportunity to challenge the restitution order issued by the court if they feel that the order is not fair or just. It also ensures that the appeals process is conducted in a manner that is consistent with the rules and procedures outlined in the Criminal Code. In summary, Section 490.5(5) provides a legal route to appeal against a restitution order issued under subsection (4) of the Criminal Code of Canada. The process of appeal is governed by the rules and procedures outlined in Part XXI of the Criminal Code, with modifications as necessary.

COMMENTARY

Section 490.5(5) of the Criminal Code of Canada outlines the process for appealing orders made under subsection (4) of the same section. The provision allows either the applicant or the Attorney General to appeal to the court of appeal, following Part XXI of the Criminal Code, which outlines the procedure for appeals in criminal cases. Subsection (4) of section 490.5 describes the powers of a judge in granting or refusing an application for the return of property seized by the police during an investigation. The judge may make an order for the return of the property, subject to certain conditions or restrictions, or may refuse to do so entirely. Subsection (5) provides a mechanism for appealing such an order, either by the applicant who sought the return of the property or by the Attorney General representing the state. The availability of an appeals process is an important safeguard against errors or abuse in the judicial system. It allows for a second look at the decision-making process and the application of the law to the facts of the case. The Criminal Code provides detailed provisions for appeals in both summary and indictable cases, ensuring that the parties have a fair and transparent process for challenging decisions made by lower courts. Part XXI of the Criminal Code sets out the procedures and requirements for filing and hearing appeals, including time limits, notice requirements, and the disclosure of evidence to the court. The section also sets out the powers and duties of the appeal court, including the ability to consider new evidence, reverse the decision of the lower court, or order a new trial. One notable feature of subsection (5) is the provision for modifications to the Part XXI procedures as required by the circumstances of the case. This recognizes that each appeal may present unique issues or challenges that require flexibility in the application of the law. It also acknowledges that the appeal process should be adapted to suit the needs and interests of the parties involved, as well as the broader goals of the justice system. Overall, the availability of an appeals process for orders made under section 490.5(4) of the Criminal Code is an important safeguard against errors or abuse in the judicial system. Through the provisions of Part XXI, the Criminal Code ensures that appeals are conducted in a fair and transparent manner that upholds the principles of justice and the rule of law.

STRATEGY

One of the primary strategic considerations when dealing with Section 490.5(5) of the Criminal Code of Canada is the fact that it provides a means for individuals or entities to appeal an order made under subsection (4). This can be a valuable tool for those who have been the subject of such an order, or for the Attorney General who has made the order, if they believe that the decision was unjust or based on incorrect information. One potential strategy that could be employed in appealing an order made under subsection (4) is to assemble a strong legal team. This may include hiring experienced lawyers and other legal professionals who have a deep understanding of the Criminal Code of Canada and related legislation, as well as significant experience working on appeals cases. Building a strong legal team can help ensure that the appeal is handled in an effective and efficient manner, and can increase the chances of success. Another strategy that may be effective when dealing with Section 490.5(5) is to conduct a thorough review of the circumstances surrounding the order that is being appealed. This may involve gathering and analyzing evidence, engaging in depositions and witness interviews, and consulting with experts in relevant fields. By taking a comprehensive approach to reviewing the order, it may be possible to identify potential weaknesses or inconsistencies in the original decision, which can be used to build a strong case for the appeal. It may also be beneficial to explore alternative dispute resolution strategies, such as mediation or arbitration, as a means of resolving the issue without having to go through the formal appeals process. This can be particularly useful in cases where the order is based on a misunderstanding or miscommunication, and where both parties are willing to work together to find a solution. Ultimately, when dealing with Section 490.5(5) of the Criminal Code of Canada, it is important to approach the situation with a clear strategy and a deep understanding of the relevant legal principles and procedures. By working with experienced legal professionals, conducting a thorough review of the circumstances, and exploring alternative dispute resolution options where appropriate, it may be possible to achieve a favorable outcome.