Criminal Code of Canada - section 522(5) - Application of sections 517, 518 and 519

section 522(5)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the application process for an order under subsection (2) with modifications as necessary.

SECTION WORDING

522(5) The provisions of sections 517, 518 except subsection (2) thereof, and 519 apply with such modifications as the circumstances require in respect of an application for an order under subsection (2).

EXPLANATION

Section 522(5) of the Criminal Code of Canada outlines the application process for obtaining an order under subsection (2). This subsection pertains to the seizure of material intended for distribution or circulation that may be biased towards a certain group or may be seen as hate speech or propaganda. The provisions in sections 517, 518 (excluding subsection 2), and 519, apply to the application process, with necessary modifications. These sections pertain to the release, detention, and review of detention or release of an accused person, respectively. The modifications necessary depend on the circumstances and factors surrounding the application. For instance, the severity of the potential harm the material in question might cause, the degree of evidence supporting the claim, and other types of relevant criteria will all factor into the decision-making process during the application process. Overall, section 522(5) of the Criminal Code of Canada aims to protect society from harmful or hateful propaganda intended to fuel bias or incite violence against a specific group. The provision ensures that the application process is carried out thoroughly and properly, while taking into account the circumstances surrounding each case.

COMMENTARY

Section 522(5) of the Criminal Code of Canada is an important provision that relates to the application for an order under subsection (2). The provision states that sections 517, 518 except subsection (2) thereof, and 519 apply with such modifications as the circumstances require in respect to an application for an order under subsection (2). In essence, this means that when an application is made for an order under subsection (2), the relevant provisions of the Criminal Code of Canada are applied with modifications that are appropriate for the particular case. Subsection (2) provides for the application to be made by the prosecutor or the accused for a change of venue, adjournment, or stay of proceedings. For example, if an accused believes that they will not receive a fair trial in the jurisdiction where the trial has been scheduled, they can make an application for a change of venue under subsection (2). Similarly, if there are new circumstances that have arisen since the trial was scheduled, the prosecutor can make an application for an adjournment or a stay of proceedings. The provisions referred to in Section 522(5) provide for the circumstances under which an application can be made, the grounds on which it can be granted or denied, and the procedures to be followed in making and adjudicating the application. For instance, Section 517 deals with the circumstances under which an order for an accused's detention may be made pending the hearing of an application. This section provides that an order for detention may be made if the court is satisfied that the detention is necessary in the public interest or to ensure the accused's attendance in court. Section 518 deals with the grounds for granting or denying an application for a change of venue. This section provides that the court may grant the application if it is satisfied that there is a real and substantial risk that the accused will not receive a fair trial in the jurisdiction where the trial has been scheduled. Factors that the court may consider include the nature and extent of pre-trial publicity, the size and composition of the community from which the potential jurors will be drawn, and any other factors that may affect the fairness of the trial. Section 519 deals with the procedures to be followed in making and adjudicating an application for an adjournment or a stay of proceedings. This section provides that the court may grant the application if it is satisfied that the adjournment or stay is necessary to prevent a miscarriage of justice or to ensure the proper administration of justice. Factors that the court may consider include the reasons for the adjournment or stay, the length of the adjournment or stay, and any prejudice that may be suffered by either party as a result of the adjournment or stay. In conclusion, Section 522(5) is an important provision that ensures that the relevant provisions of the Criminal Code of Canada are applied with the necessary modifications to an application made under subsection (2). This provision ensures that the application is adjudicated in accordance with the applicable law and procedures, and that the decision is based on the relevant facts and circumstances of the case. Overall, Section 522(5) helps to ensure that justice is served in a fair, transparent, and timely manner.

STRATEGY

Section 522(5) of the Criminal Code of Canada deals with the application of sections 517, 518 (except subsection 2), and 519 of the Code in respect of an application for an order under subsection 2. This section pertains to the bail provisions outlined in the Code, which determine the conditions under which an accused may be released from custody while awaiting trial. When dealing with this particular section of the Code, there are several strategic considerations that must be taken into account. Firstly, in order to make an application for an order under subsection 2, it is essential to have a thorough understanding of the factors that will be considered by the court in determining whether or not to grant bail. These factors typically include the nature and seriousness of the offence, the likelihood of the accused attending court, and the potential danger posed to the public if the accused were to be released. Another strategic consideration is the timing of the bail application. In some cases, it may be advantageous to make the application immediately following the arrest of the accused, as it may be easier to demonstrate that the accused poses no flight risk or danger to the public at this early stage in the proceedings. Conversely, in other cases, it may be better to delay the application until additional evidence or information comes to light. The qualifications and experience of the counsel retained to make the application is also a crucial strategic consideration. A lawyer with a deep understanding of the relevant provisions of the Criminal Code will be better positioned to make a successful application for bail, as they will be able to anticipate and counter any arguments made by the prosecution. Finally, there are several strategies that can be employed in making an application for an order under subsection 2. For example, the lawyer may argue that the accused is not a flight risk because they have strong ties to the community, such as a job or family, or that the accused poses no danger to the public because they have no history of violent behaviour. Similarly, the lawyer may seek to impose conditions on the accused's release, such as house arrest or regular check-ins with a designated individual, in order to address any concerns that the court may have. In conclusion, section 522(5) of the Criminal Code of Canada outlines important considerations for making an application for bail under subsection 2. Understanding the factors that will be considered by the court, the timing of the application, and the qualifications and experience of counsel are all strategic considerations that will help increase the likelihood of success. Additionally, employing the appropriate strategies in making the bail application itself, such as presenting evidence to counter any concerns the court may have, can further increase the chances of a favourable outcome.