Criminal Code of Canada - section 507(8) - Issue of summons or warrant

section 507(8)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a justice to issue a summons or warrant to compel an accused to attend a new or continued trial or hearing when ordered.

SECTION WORDING

507(8) Where, on an appeal from or review of any decision or matter of jurisdiction, a new trial or hearing or a continuance or renewal of a trial or hearing is ordered, a justice may issue either a summons or a warrant for the arrest of the accused in order to compel the accused to attend at the new or continued or renewed trial or hearing.

EXPLANATION

Section 507(8) of the Criminal Code of Canada pertains to situations when a new trial or hearing is ordered on appeal or review of any decision or matter of jurisdiction. In such cases, a justice may issue either a summons or a warrant to compel the accused to attend the new trial or hearing. This section serves as a means to ensure that the accused attends the new trial or hearing and does not abscond or evade justice. Failure to attend may lead to charges of contempt of court. The decision to issue a summons or a warrant depends on the circumstances of the case and the likelihood of the accused attending voluntarily. The purpose of this provision is to maintain the integrity of the justice system. It aims to ensure that a fair trial takes place where all parties are present and have the opportunity to present their case. The section also serves as a deterrent to those who may attempt to evade justice. Overall, Section 507(8) of the Criminal Code of Canada is an important tool for maintaining the fairness and effectiveness of the justice system.

COMMENTARY

Section 507(8) of the Criminal Code of Canada is focused on the measures that can be taken by a judge in a criminal trial, where an appeal or review of a decision or matter of jurisdiction has been requested by the parties involved. In essence, this section allows the judge to issue either a summons or a warrant for the accused to be arrested in order to compel them to attend either a new trial or hearing or a continuation of the previous one. The wording of this section underscores the importance of the principle of justice, which must be upheld in every case of a criminal trial. Indeed, the requirement that an accused be present at the trial or hearing is fundamental to the ethos of Canadian justice, as it allows the individual to defend themselves against the charges presented by the prosecution. Furthermore, it permits the judge to hear both sides of the argument and make a fair and just decision. The key point of this section is that it authorizes the judge to take measures to ensure that the accused appears in court for a new trial or hearing if it is deemed necessary. This power is important, as it allows the judicial process to continue without delay, protecting the rights of all parties involved. However, the use of a warrant or summons to compel the attendance of the accused may be viewed somewhat controversially. While the purpose of such an action is grounded in the need for justice, it may be seen as an infringement on the accused's rights, particularly in cases where they are not receptive to the request. Additionally, the decision to issue a summons or warrant is often subjective, as there is no specific criterion for determining when they should be used. It is important to note that the issuance of a warrant does not necessarily mean that the accused will be held in custody until the trial or hearing, but rather that they will be compelled to attend proceedings. As such, the use of a summons is often considered a less extreme option when compared to a warrant. One issue that arises in the application of this section is the possible constraints on the accused's movements during the period between the issuance of the warrant or summons and the appearance in court. In some cases, this period can be significant, leading to concerns that the accused may flee the jurisdiction or deliberately avoid the trial or hearing, both of which can be detrimental to the judicial process. Another concern is the potential misuse of this power by the judiciary, as it could be used to intimidate individuals or organizations that are challenging the decisions or jurisdiction of the court. This can lead to errors in judgment and undermine the credibility of the justice system. In conclusion, section 507(8) of the Criminal Code of Canada is an essential tool in criminal trials, as it allows the judge to ensure that the accused is present at the proceedings. While the issuance of a warrant or summons must be approached cautiously, its use is necessary to promote justice and uphold the rights of all parties involved. It is vital that this power is used judiciously and balanced with a respect for the accused's rights.

STRATEGY

Section 507(8) of the Criminal Code of Canada gives a justice the power to issue a summons or warrant for the arrest of an accused person who is required to attend a new, continued, or renewed trial or hearing. As such, there are several strategic considerations that must be taken into account when dealing with this section of the code. One of the key strategies that could be employed is to determine whether the accused is likely to attend voluntarily or if they are likely to resist arrest. If the accused is likely to attend voluntarily, it may be best to simply issue a summons, rather than a warrant, which can avoid the potential for a violent confrontation between the accused and law enforcement officials. However, if the accused is likely to resist arrest, it may be necessary to issue a warrant to ensure that they are brought before the court. Another important factor to consider is the nature of the case and the potential consequences of the trial or hearing. If the accused is facing serious charges, such as those involving violent crimes or significant financial loss, it may be wise to issue a warrant to ensure that they are present at the trial or hearing. This is because the outcome of the trial or hearing can have a significant impact on the accused's life, including potential jail time or financial penalties. It is also important to consider the potential impact of the arrest on the accused's family or community. In some cases, issuing a warrant may be seen as overly harsh or disruptive, particularly if the accused has a family or community support network. In these cases, it may be better to issue a summons and work with the accused's lawyer to find a way to ensure that they attend the trial or hearing voluntarily. Finally, it is important to consider the potential risks associated with arresting the accused. In some cases, the accused may be a flight risk or may have a history of violent behaviour, which can make arresting them more challenging. In these cases, it may be wise to work closely with the police or other law enforcement officials to ensure that the arrest is carried out safely and efficiently. Overall, there are a number of strategic considerations that must be taken into account when dealing with Section 507(8) of the Criminal Code of Canada. By carefully weighing the risks and benefits associated with issuing a summons or warrant for arrest, and by working closely with law enforcement officials, lawyers, and other stakeholders, it is possible to ensure that the accused is brought before the court in a safe and efficient manner.