Criminal Code of Canada - section 515(4.11)

section 515(4.11)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires a justice to specify how an accused person must surrender possessions and licenses when conditions are added to an order under subsection (2).

SECTION WORDING

515(4.11) Where the justice adds a condition described in subsection (4.1) to an order made under subsection (2), the justice shall specify in the order the manner and method by which (a) the things referred to in subsection (4.1) that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

EXPLANATION

Section 515(4.11) of the Criminal Code of Canada outlines the requirements for specific conditions that a justice may add to an order made under subsection (2). Specifically, it requires that the justice provide explicit instructions for how certain things in the possession of the accused, such as weapons or contraband, should be surrendered, disposed of, detained, stored or dealt with. Additionally, it mandates that any authorizations, licenses, or registration certificates held by the accused must also be surrendered. This is an important provision, as it ensures that individuals who have been ordered to have these items removed from their possession cannot simply transfer them to another person or location in order to avoid compliance. By outlining these specific requirements, Section 515(4.11) aims to ensure that any conditions added to an order are clear and enforceable. This helps to both protect public safety and ensure that accused individuals are held accountable for their actions. Importantly, it also provides guidance to law enforcement officials and other individuals who may need to carry out the requirements of the order. Overall, Section 515(4.11) represents an important tool for ensuring effective implementation of court orders and maintaining the integrity of Canada's criminal justice system.

COMMENTARY

Section 515(4.11) of the Criminal Code of Canada is an important piece of legislation that guides the conditions that can be added to orders made under subsection (2). The Criminal Code of Canada sets out the procedure for the release of accused persons on bail pending trial. Under section 515(2), an accused person may be released on a range of conditions, such as reporting to a designated person, abstaining from certain activities, and surrendering their passport. However, if the release conditions require the accused person to surrender certain items and licenses, section 515(4.11) governs how this is to be done. This section specifies the manner and method by which the things referred to in subsection (4.1) that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with. It also requires that the authorizations, licenses, and registration certificates held by the person shall be surrendered. These measures can be taken to ensure that the accused person does not commit further offences while on bail. These provisions are crucial because they prevent accused persons from using the properties, materials, and licenses that they possess in ways that would be detrimental to society. Additionally, section 515(4.11) includes important procedural safeguard that a justice has to follow when imposing these restrictions. The justice must specify the method by which the items and licenses shall be surrendered. This is important because it ensures that the accused person is aware of the manner in which the items should be surrendered and can comply with those conditions. The inclusion of this safeguard is significant for two reasons. Firstly, it promotes procedural fairness for the accused person. By specifying the manner and method by which the items should be surrendered, the accused person can comply with the conditions and avoid being accused of breaching those terms. Secondly, those conditions ultimately protect the rights of victims and society at large by preventing the accused person from using their possessions to commit further crimes. In conclusion, section 515(4.11) of the Criminal Code of Canada is an essential component of bail conditions imposed by the justice. It promotes procedural fairness for the accused by specifying the method by which items should be surrendered. Furthermore, it is beneficial in preventing further offenses by the accused person by ensuring that the person surrenders their belongings and licenses. Therefore, the section is a crucial aspect of the Criminal Code of Canada that ensures that justice is served, and society is protected.

STRATEGY

Section 515(4.11) of the Criminal Code of Canada places a requirement on justices to specify the manner and method by which an accused person must surrender, dispose of, detain, store or deal with things that are in their possession, and authorizations, licenses and registration certificates that they hold. This section typically becomes relevant in cases where an accused person has been released on bail or on recognizance, and the justice has added certain conditions to the release order. One strategic consideration when dealing with this section is to ensure that the conditions imposed on the accused person are reasonable and justifiable. It is important to strike a balance between protecting society and ensuring that the accused person is not unduly burdened or restricted. If the conditions imposed are too onerous or unnecessary, they may be challenged and found to be unconstitutional. Another strategic consideration is to ensure that the manner and method of surrender, disposal, detention, storage or dealing with the items in question is practical and feasible. For example, if an accused person is required to surrender their passport, but they need it for work purposes, alternative arrangements may need to be made. Similarly, if an accused person is required to surrender firearms, but they do not have anywhere safe to store them, the logistics of storage will need to be addressed. In some cases, it may be strategic to negotiate with the Crown to modify or remove certain conditions from the release order. This may be appropriate if the condition is particularly burdensome or if there is evidence to suggest that it is not necessary for the protection of society. Other strategies that may be employed include working with the accused person and their legal team to develop a plan for compliance with the conditions. This may involve identifying safe storage locations for firearms or other weapons, arranging for the surrender of passports or other travel documents, or ensuring that the accused person complies with reporting requirements. Finally, it is important to ensure that all parties involved understand the consequences of non-compliance with the conditions imposed under Section 515(4.11). Failure to comply can result in a breach of the release order, which may lead to the accused person being remanded into custody or facing additional charges. In conclusion, Section 515(4.11) of the Criminal Code of Canada requires careful consideration and planning when imposing conditions on accused persons. Strategic considerations include ensuring that the conditions are reasonable and justifiable, practical and feasible, negotiating with the Crown to modify or remove certain conditions if appropriate, developing a comprehensive plan for compliance with the conditions, and ensuring that all parties are aware of the consequences of non-compliance.