INTRODUCTION AND BRIEF DESCRIPTION
Applicants for an order must provide reasoning supporting its necessity for proper justice administration.
SECTION WORDING
672.501(6) An applicant for an order under subsection (3) shall set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of justice.
EXPLANATION
Section 672.501(6) of the Criminal Code of Canada outlines the requirements for an applicant seeking an order under subsection (3) of the same section. This subsection pertains to the appointment of counsel for an accused person who is unable to obtain legal representation on their own. The section requires the applicant, typically the Crown prosecutor, to set out grounds that establish the necessity of the order for the proper administration of justice. The grounds can include factors such as the complexity of the case, the seriousness of the charges, and the potential consequences for the accused person if they are unable to mount an adequate defence. This requirement ensures that the appointment of counsel is not granted frivolously or based on personal bias or preference. Rather, it is granted only when there is a genuine need for legal representation to ensure a fair trial, consistent with the principles of justice. In practice, this section is used to ensure that accused persons who cannot afford a lawyer or cannot find representation on their own are not unfairly disadvantaged in court. It also serves to uphold the integrity and fairness of the justice system, as everyone is entitled to a fair trial regardless of financial means or personal circumstances. Overall, this section ensures that the administration of justice is carried out effectively and fairly for all parties involved.
COMMENTARY
Section 672.501(6) of the Criminal Code of Canada deals with the process of obtaining a court order to disclose the criminal record of an accused person. According to this section of the Code, an applicant seeking such an order must provide grounds to establish that the order is necessary for the proper administration of justice. This requirement is an essential safeguard to protect the privacy rights of individuals and to ensure that the criminal justice system operates in a fair and just manner. The provision of grounds to establish the necessity of the order is a crucial step in the process of obtaining the disclosure of an accused's criminal record. The reasons put forth by the applicant must be sufficient to convince the court that the order is necessary for the proper administration of justice. This requirement is in line with the fundamental principle of the presumption of innocence, which holds that an accused is innocent until proven guilty. In this context, the provision of grounds ensures that the disclosure of an accused's criminal record is not done arbitrarily or based on mere suspicion. To comply with this provision, an applicant seeking the disclosure of an accused's criminal record has to demonstrate that the order is necessary for the proper administration of justice. This could be the case where the accused's criminal history is relevant to the proceedings, for example, where the accused has a history of similar offences. Such information could help the court in assessing the credibility of witnesses, determining the appropriate sentence, or deciding on bail conditions. However, it is important to note that the mere fact that an accused has a criminal record is not sufficient to establish the necessity of the order. The applicant must establish, on a case-by-case basis, that the order is necessary for the proper administration of justice. Another important consideration is the potential impact of the disclosure of an accused's criminal record on their privacy and reputation. A criminal record could have serious consequences for an individual's career, social standing, and other aspects of their life. Therefore, the court must balance the public interest in the administration of justice against the accused's right to privacy and reputation. The provision of grounds by the applicant helps the court in making this determination by ensuring that the disclosure of an accused's criminal record is not done arbitrarily or without due consideration. In conclusion, Section 672.501(6) of the Criminal Code of Canada provides an essential safeguard to ensure that the disclosure of an accused's criminal record is done in a fair and just manner. The requirement for the applicant to provide grounds to establish the necessity of the order is an important step in protecting the accused's privacy rights and ensuring that the criminal justice system operates in a fair and transparent manner. By providing the court with sufficient reasons, the applicant ensures that the order is not granted arbitrarily or based on mere suspicion. This provision is a crucial aspect of our criminal justice system, which strives to balance the public interest in the administration of justice with the protection of individual rights and freedoms.
STRATEGY
Section 672.501(6) of the Criminal Code of Canada requires that an applicant seeking an order under subsection (3) must provide grounds to establish that the order is necessary for the proper administration of justice. Such an order can include things like a publication ban or a sealing order. When dealing with this section, it is essential to consider some strategic considerations to ensure that the application is successful. The first strategic consideration is to have a clear understanding of what exactly the applicant seeks to achieve with the order. This understanding includes identifying the specific measures that are necessary to achieve the desired outcome. For instance, if the applicant is seeking a publication ban, they must have a clear understanding of what they want to prevent from being published. The second strategic consideration is the selection of the appropriate grounds to establish necessity. Necessity is a key element in establishing an order under this section, and the grounds that an applicant relies on must reflect this. Some of the relevant grounds may include protecting the integrity of the administration of justice, protecting the privacy rights of victims, witnesses or the accused, and preserving the impartiality of the court. The third strategic consideration is to provide sufficient evidence to substantiate the grounds relied on. This evidence may include sworn affidavits, expert opinions, or other relevant materials. It is important to remember that the applicant bears the burden of proof, and therefore must provide compelling evidence to convince the court that the order is necessary. Another strategic consideration is to craft compelling legal arguments that can persuade the court to grant the order sought. These arguments may involve interpreting and applying relevant provisions of the Criminal Code of Canada, case law, and other precedents. The final strategic consideration is the timing of the application. The timing of the application is critical because it can determine whether the order will be granted or not. For instance, if the order is sought after information has already been made public, it may be too late to justify the necessity of the order. In conclusion, strategic considerations are critical when dealing with Section 672.501(6) of the Criminal Code of Canada. Proper understanding of the required grounds, provision of sufficient evidence, crafting compelling legal arguments, and timing of the application are all factors to be taken into account. Failure to consider these strategic considerations may lead to rejection of the order sought, which may have adverse consequences for the proper administration of justice.