INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the process for issuing an order of discharge for an accused person who complies with an order and is not required to be detained.
SECTION WORDING
519(2) Where the accused complies with an order referred to in paragraph (1)(b) and is not required to be detained in custody in respect of any other matter, the justice who made the order or another justice having jurisdiction shall, unless the accused has been or will be released pursuant to an authorization referred to in that paragraph, issue an order for discharge in Form 39.
EXPLANATION
Section 519(2) of the Criminal Code of Canada pertains to the release and discharge of an accused person who has complied with an order issued by a justice. This section comes into play when an accused person has been granted bail or released on certain conditions by a justice, and subsequently abides by those conditions. If the accused person has not been detained for any other charges during the time period that they have been on bail, and they have met all the conditions imposed on them, then the justice who originally issued the order or another justice in the same jurisdiction is required to issue an order for discharge. The order for discharge is contained in Form 39, and it essentially releases the accused person from any further obligation or requirement to the criminal justice system. This discharge represents the resolution of the bail order against the accused person. In other words, Section 519(2) ensures that the justice system does not continue to hold an accused person unnecessarily when they have complied with all of their bail-related conditions and have not been charged with any further offences. The accused person is free to go and has no further obligations to the court. Overall, Section 519(2) serves as an important legal mechanism to safeguard the rights and freedom of accused persons, while also ensuring the integrity of the criminal justice system.
COMMENTARY
Section 519(2) of the Criminal Code of Canada is a critical provision that offers guidelines on the appropriate measures to take when dealing with an accused who complies with an order referenced in paragraph (1)(b) and does not require detention in custody in relation to any other matter. The section contemplates a scenario where the accused has been charged with an offense and is set to attend court hearings. During this period, the accused may be granted bail on certain conditions, including the deposit of a cash bond or execution of a recognizance. This condition means that the accused must adhere to the terms of the bail pending his or her trial. According to this provision, if the accused adheres to the conditions of the bail, the justice who made the order or another justice with jurisdiction should issue an order for discharge in form 39 within the stipulated timeframe. The discharge process is usually a straightforward legal proceeding that involves the accused's complete release from the court's jurisdiction upon fulfilling all conditions. The issuance of a discharge order from the court's jurisdiction signifies that the accused is no longer subject to the bail conditions imposed on him or her at the time of the initial court hearing. In most cases, the accused's discharge upon completion of the required bail conditions is an indication that the court does not have any substantial reason to detain him or her further pending the outcome of the trial. Section 519(2) serves as a fundamental safeguard in maintaining the principles of justice and fairness. The law recognizes that the accused is innocent until proven guilty. As such, the provision offers an equitable solution that ensures the accused's rights are protected during the trial process and the period before the trial. This law ensures that the accused is only detained when it is necessary to ensure the safety of those around him or her or to prevent the accused from committing further offenses. The provision is an essential instruction in protecting an accused person's rights while ensuring judicial efficiency. The order for discharge in form 39 provided in Section 519(2) helps streamline the judicial process in cases where the accused complies with the conditions of the bail without any need for detention. The automatic release of the accused from the court's jurisdiction is vital in promoting timely resolution of cases, reducing the backlog of cases and minimizing the risk of the accused committing further offenses due to their extended period of detention. It avoids bureaucratic inefficiencies while preserving the principles of fairness and justice in the criminal justice system. In conclusion, Section 519(2) is a critical provision in ensuring that the rights of an accused are protected while promoting efficient judicial processes. It offers clear guidelines on the suitable legal measures to take when dealing with an accused person who adheres to the bail conditions without any requirement for detention. Also, it is a safeguard that ensures that the fundamental rights of an accused person are maintained, thus contributing to promoting justice and fairness.
STRATEGY
Section 519(2) of the Criminal Code of Canada plays a significant role in the criminal justice system by providing accused persons with a mechanism to have their charges withdrawn or dismissed. This section allows an accused person to enter into a peace bond with the Crown, which is a legally binding agreement that imposes conditions on the accused for a certain period, typically one year. If the accused complies with these conditions, the charges against them are dismissed, and they are discharged. The peace bond process can be a useful tool for accused persons who want to avoid the stigma of a criminal conviction or who believe that they have a reasonable chance of winning their case at trial. However, there are strategic considerations that must be taken into account when deciding whether to pursue a peace bond and how to negotiate the terms of the bond. One significant consideration is the nature of the offence and the strength of the Crown's case. If the accused person is facing serious charges and there is strong evidence against them, negotiating a peace bond may not be a viable option. However, if the charges are relatively minor, or there are weaknesses in the Crown's case, then a peace bond may be a viable option to consider. Another important consideration is the proposed terms of the peace bond. The conditions imposed in a peace bond can have significant consequences for the accused person's daily life, so it is important to carefully consider the terms and negotiate them with the Crown. For example, conditions such as a prohibition on contact with certain individuals, a curfew, or restrictions on travel could have a significant impact on an accused person's personal and professional life. It is important to ensure that any conditions imposed are reasonable and proportionate to the alleged offence. The timing of a peace bond application is also critical. It may be advantageous to wait until closer to the trial date, as this can provide an opportunity to assess the strength of the Crown's case and negotiate more favourable terms. Additionally, it may be advantageous to have an experienced criminal defence lawyer negotiate the peace bond terms, as they can use their knowledge and expertise to secure the most favourable outcome for the accused person. In conclusion, Section 519(2) of the Criminal Code of Canada provides accused persons with a mechanism to have their charges dismissed, but it is important to carefully consider the strategic considerations before pursuing this option. Some of the key considerations include the nature of the offence, the strength of the Crown's case, and the proposed terms of the peace bond. By carefully considering these factors and working with an experienced criminal defence lawyer, accused persons can make informed decisions that best protect their legal rights and their personal and professional interests.