INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the process for releasing an accused from custody on certain conditions if they can show cause why their detention is not justified.
SECTION WORDING
515(7) Where an accused to whom paragraph 6(a), (c) or (d) applies shows cause why the accused’s detention in custody is not justified, the justice shall order that the accused be released on giving an undertaking or entering into a recognizance described in any of paragraphs (2)(a) to (e) with the conditions described in subsections (4) to (4.2) or, where the accused was at large on an undertaking or recognizance with conditions, the additional conditions described in subsections (4) to (4.2), that the justice considers desirable, unless the accused, having been given a reasonable opportunity to do so, shows cause why the conditions or additional conditions should not be imposed.
EXPLANATION
Section 515(7) of the Criminal Code of Canada is an important aspect of the criminal justice system that governs the authorization for the release of accused persons before trial. The section specifies the circumstances under which an accused may be released on an undertaking or recognizance and the conditions that must apply to ensure that the accused appears for subsequent court appearances. In order to be released on an undertaking or recognizance under this provision, an accused must show cause why their detention in custody is not justified. This may include demonstrating that they are not at risk of absconding or failing to show up for court appearances, or that their continued incarceration would jeopardize their ability to mount a proper defense or contribute to their well-being. Once an accused has provided evidence that justifies their release, the justice presiding over the matter may order that the accused be released on the conditions described in subsections (4) to (4.2) of the Criminal Code. These conditions are designed to ensure that the accused complies with their legal obligations and appears in court when required. They may include requirements to reside at a specific location, abstain from consuming drugs or alcohol, report regularly to a supervising officer, or submit to electronic monitoring. An accused who has been granted release on these conditions may also be required to post a monetary deposit or provide a surety to guarantee their compliance. Overall, section 515(7) of the Criminal Code of Canada seeks to balance the legal rights of the accused with the public interest in ensuring that they appear for court appearances and that public safety is not compromised. It provides a framework for determining when an accused should be released before trial and what conditions must be imposed to ensure their compliance with the law.
COMMENTARY
Section 515(7) of the Criminal Code of Canada is a critical provision of the Canadian criminal justice system. It grants individuals who have been detained in custody pending trial an opportunity to challenge the detention before a judge. This provision specifies that if the accused person can show cause as to why their detention is not justified, the judge shall order their release on conditions that they must abide by until their trial date. The reasons for detention pending trial can be diverse. Still, the most common reasons include concerns over the suspect fleeing from justice, becoming a danger to the community, or tampering with evidence. In situations where the charges against an individual are severe and have strong evidence backing them, the judge may consider detention necessary to protect public safety. However, the Justice system believes that individuals should not have to await trial in custody if they can provide a reasonable assurance that they will attend all their court proceedings. This section is meant to be a balance between two key principles of the criminal justice system: protecting society and preserving the rights of the accused. The provision requires that the judge must order the release of the accused on conditions if the accused can show why their detention is not justified. The conditions imposed on the release vary depending on the circumstances of the accused's detention. For instance, if an individual is accused of a non-violent crime, such as theft or fraud, the conditions of their release may not include having to report to authorities regularly. However, if the accused is charged with a serious violent crime, such as murder, the court might impose conditions requiring the accused to give up their passport, stay away from certain locations, and report to the police regularly. Moreover, the section allows the accused an opportunity to challenge the conditions imposed upon them. If they can show cause as to why the conditions are unjustified, they can petition the judge to lift the conditions or modify them. The Criminal Code of Canada sought to balance the rights of the accused with the protection of the public. This provision gives judges significant discretion to determine when detention is necessary, and when it is not. The section represents an essential safeguard against arbitrary detention, excessive judicial power, and possible rights violations. In conclusion, Section 515(7) of the Criminal Code of Canada plays a critical role in the country's justice system. It seeks to ensure that individuals' rights are protected by giving them an opportunity to challenge their detention before trial. At the same time, it also puts measures in place to protect the public. Ultimately, this provision ensures that justice is delivered equitably, fairly, and transparently.
STRATEGY
Section 515(7) of the Criminal Code of Canada is an important provision that deals with the release of accused persons from custody pending trial. When an accused person is detained in custody under any of paragraphs 6(a), (c) or (d) (i.e., to ensure their attendance in court, for the protection or safety of the public, or to maintain public confidence in the administration of justice), they have the right to show cause why their detention is not justified. If they are able to make such a showing, the justice must order their release on certain conditions. Strategic considerations when dealing with this provision might include: 1. Preparing a convincing argument: The accused person or their counsel should carefully consider the grounds on which their detention is justified and develop arguments that will persuade the justice that they should be released. This might involve gathering evidence or affidavits in support of their case. 2. Social and family ties: The accused person's social and family ties may be a factor in determining whether they will be released and under what conditions. Evidence of ties to the community, employment, and family support may be helpful in persuading the justice to release the accused. 3. Prior criminal record: A prior criminal record may be a factor in determining whether an accused person should be released and under what conditions. Evidence of rehabilitation or a lack of recent criminal activity may be helpful in persuading the justice to release the accused. 4. Court appearances: Evidence that the accused person has a history of attending court proceedings and complying with court orders may be helpful in persuading the justice to release them on certain conditions. 5. Proposed conditions: The accused person or their counsel should carefully consider the proposed conditions for their release and be prepared to argue against any conditions that are onerous or unnecessary. They may also propose alternative conditions that would be more appropriate. Some strategies that could be employed when dealing with this provision might include: 1. Engaging a lawyer or paralegal: An experienced criminal lawyer or paralegal can offer guidance and representation throughout the bail hearing process, including preparing arguments, presenting evidence, and proposing conditions. 2. Gathering evidence: The accused person or their counsel may wish to gather evidence in support of their case, such as affidavits from family or community members, employment records, or evidence of rehabilitation. 3. Considering electronic monitoring: Electronic monitoring may be a less restrictive alternative to detention in custody, and may be proposed as a condition of release. 4. Offering sureties: A surety is a person or persons who agree to be responsible for ensuring the accused person attends court and complies with their conditions of release. Offering sureties may enhance the accused person's chances of being released and may help to reduce the conditions imposed. 5. Negotiating with the Crown: The Crown prosecutor may agree to certain conditions proposed by the accused person or their counsel, or may agree to withdraw or vary the grounds for detention. Negotiating with the Crown may help to avoid a contested bail hearing and may result in more favourable conditions for the accused person. Overall, Section 515(7) of the Criminal Code of Canada is an important provision that accords detained accused persons the right to show cause why their detention is not justified. A strategic approach that takes into account the accused person's individual circumstances and proposes appropriate conditions of release may be helpful in securing their release pending trial.