section 521(8)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the considerations and possible outcomes for an application to review a detention order.

SECTION WORDING

521(8) On the hearing of an application under this section, the judge may consider (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice, (b) the exhibits, if any, filed in the proceedings before the justice, and (c) such additional evidence or exhibits as may be tendered by the prosecutor or the accused, and shall either (d) dismiss the application, or (e) if the prosecutor shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers to be warranted.

EXPLANATION

Section 521(8) of the Criminal Code of Canada outlines the process for hearing an application for release from custody pending trial. This section applies to situations where an accused person has been denied bail by a justice and is seeking to have that decision reviewed by a higher court. When considering an application for release, the judge may take into account a range of factors, including any transcripts or exhibits from previous court proceedings, as well as any additional evidence or exhibits presented by either the prosecutor or the accused. Based on this evidence, the judge will either dismiss the application or, if the prosecutor demonstrates cause, allow the application and vacate the previous order denying bail. In making their decision, the judge can consider any of the factors set out in section 515 of the Criminal Code, which includes the likelihood of the accused appearing in court, the protection of the public, and the preservation of public confidence in the administration of justice. Overall, section 521(8) provides an important mechanism for accused persons to seek a review of their bail decision and ensure that they are not being unjustly detained pending trial. It also underscores the need for careful consideration of all the facts and evidence relevant to the case before making a decision on bail.

COMMENTARY

Section 521(8) of the Criminal Code of Canada deals with the procedure to be followed when an accused files an application for a review of the detention order made by a justice of the peace. The section provides that the review process is an integral part of the Canadian criminal justice system and that an accused has a right to challenge the order of detention. The section requires the judge to consider several factors before making a decision. Firstly, the judge has to consider the transcript, if any, of the proceedings before the justice of the peace and any judge who previously reviewed the order. This ensures that the judge is aware of the facts of the case and how the decision was arrived at. Secondly, the judge can consider the exhibits filed in the proceedings before the justice of the peace. The exhibits may include evidence that was used to support the detention order, and this can be significant in determining the outcome of the application. Thirdly, the judge can consider any additional evidence or exhibits that may be tendered by the prosecutor or the accused. This means that the judge has to be willing to consider evidence that was not presented before the justice of the peace. This is essential as new evidence may arise that the accused did not have at the time of the original detention hearing. Fourthly, the judge has to decide whether to dismiss the application or allow the application and vacate the order previously made by the justice of the peace. This is significant as it provides the accused with a chance to challenge the original order of detention if they believe that there was a mistake or the order was not justified. Finally, the section provides that the judge can make any other order provided for in section 515 that he considers to be warranted. This section grants the judge the authority to make any order he considers necessary for the well-being or protection of the accused, public, or any other person. In conclusion, section 521(8) of the Criminal Code of Canada is essential in ensuring that an accused has the right to challenge the detention order made by a justice of the peace. The section provides for a review process that is thorough and fair, while also ensuring the protection of the public and the well-being of the accused. The section grants the judge the discretion to consider all relevant evidence and make a decision that is just and fair in light of the facts of the case.

STRATEGY

Section 521(8) of the Criminal Code of Canada is an important provision in Canadian criminal law that allows for a person to challenge a detention order made by a justice of the peace or a judge. When dealing with this section, there are several strategic considerations that lawyers and accused persons should keep in mind in order to maximize their chances of success. Some of these strategies include: 1. Preparation: Proper preparation is essential when filing an application under Section 521(8). This includes reviewing the relevant transcripts, exhibits, and other evidence, as well as identifying any potential weaknesses in the Crown's case. 2. Timing: Timing is another important factor to consider when dealing with this section. In some cases, it may be best to file the application as soon as possible, while in others it may be better to wait until additional evidence can be obtained. 3. Evidence: The quality and admissibility of evidence is also critical when making an application under Section 521(8). Lawyers and accused persons should carefully consider what additional evidence or exhibits they may wish to tender, and how best to present this evidence to the judge. 4. Legal arguments: In addition to evidentiary issues, there may be important legal arguments to consider when dealing with this section. This may include arguments based on the Charter of Rights and Freedoms, common law principles, or statutory interpretation. 5. Negotiation: Finally, negotiation may also be an important strategy to consider when dealing with Section 521(8). This may involve working with the Crown to reach a mutually acceptable resolution, or negotiating with the judge to find an alternative to detention that is more appropriate in the circumstances. Overall, when dealing with Section 521(8), it is important to approach the matter strategically and with a clear understanding of the relevant legal principles, evidence, and arguments. By carefully considering these factors and working with experienced counsel, accused persons can greatly increase their chances of success in challenging a detention order.