Criminal Code of Canada - section 679(2) - Notice of application for release

section 679(2)

INTRODUCTION AND BRIEF DESCRIPTION

An appellant seeking release pending an appeal must give written notice of their application to the prosecutor or as directed by the judge of the court of appeal.

SECTION WORDING

679(2) Where an appellant applies to a judge of the court of appeal to be released pending the determination of his appeal, he shall give written notice of the application to the prosecutor or to such other person as a judge of the court of appeal directs.

EXPLANATION

Section 679(2) of the Criminal Code of Canada outlines the procedure for an appellant to apply for release pending the determination of their appeal. Specifically, the section requires that the appellant must provide written notice of their application to either the prosecutor or to another person designated by a judge of the court of appeal. This section is important because it ensures that all parties involved in the appeal process are aware of any application for release by the appellant. By providing notice to the prosecutor or another designated person, the appellant is giving these parties an opportunity to provide input on the release application. This input could include information about the appellant's risk to the public, their flight risk, or any other relevant information that may impact the decision to release the appellant. Furthermore, this section helps to ensure a fair and just appeal process. By requiring the appellant to provide notice of their release application, it allows the prosecutor or other designated person to participate in the process and express any concerns they may have. This can help to prevent any abuses of the legal system, as well as ensure that the rights of all parties are protected. In conclusion, Section 679(2) of the Criminal Code of Canada is an important provision that helps to ensure a fair and just appeal process by requiring the appellant to provide notice of their release application to the prosecutor or other designated person. By doing so, it allows all parties to participate in the process and ensure that the rights of all involved are protected.

COMMENTARY

Section 679(2) of the Criminal Code of Canada provides the guidelines for an appellant's release pending the determination of their appeal. The section requires the appellant to give written notice to the prosecutor or any other person as the court of appeal directs. The purpose of the notice is to ensure that the prosecutor or any other relevant person is aware of the application for release and can prepare a response if necessary. The provision reflects the importance of judicial discretion in determining whether an appellant should be released while their appeal is being heard. The court of appeal has the power to order release on bail, with or without conditions, if they are satisfied that the applicant is not a flight risk, is not likely to commit further offenses, and that their release would not be contrary to the public interest. The legislative intent behind the provision is to strike a balance between the accused's right to liberty and the public's interest in ensuring that accused persons attend court and do not reoffend while on bail. The provision recognizes that accused persons are innocent until proven guilty and that they have the right to appeal their conviction or sentence. The requirement to give written notice to the prosecutor or any other relevant person ensures that the court can make an informed decision about whether to grant the application for release. The prosecutor or any other relevant person may make submissions to the court on the issue of bail, including any concerns about the appellant's likelihood to reoffend or failure to appear in court. In some cases, the court may also order a hearing to determine the appropriate conditions of release. The conditions may include requirements such as regularly reporting to a bail supervisor, abstaining from alcohol or drugs, surrendering passports or other travel documents, or staying away from certain individuals or areas. Section 679(2) enables the court of appeal to protect the public while also upholding the rights of appellants. By giving the prosecutor or any other relevant person an opportunity to respond to the application for release, the court can make an informed decision on the issue of bail. This provision plays an important role in safeguarding the administration of justice and ensuring that the public interest is protected while also respecting the rights of accused persons.

STRATEGY

Section 679(2) of the Criminal Code of Canada governs the release of an appellant pending determination of their appeal. It requires that the appellant give written notice of their application to the prosecutor or another person specified by the court. When dealing with this section of the Criminal Code, there are several strategic considerations that must be taken into account. Some of these considerations will be discussed below, along with potential strategies that could be employed. One of the most important strategic considerations when dealing with section 679(2) is the likelihood of success. The court will consider a number of factors when determining whether an appellant should be released pending determination of their appeal, including the seriousness of the offense, the strength of the prosecution's case, and the appellant's personal circumstances. It is important to assess the strength of the appellant's case and the likelihood of success before making an application for release. If the prospects of success are low, it may be better to focus on other strategies. Another important consideration is the potential impact on the appellant's case. If an appellant is released pending determination of their appeal, they will have more freedom to prepare their case and potentially uncover new evidence. However, there is also a risk that they could become a flight risk or commit other offenses. It is important to weigh the potential benefits and risks of seeking release before making an application. When making an application under section 679(2), it is important to ensure that all relevant information is presented to the court. This may include evidence of the appellant's personal circumstances, such as their employment, family ties, and community support. It may also include evidence of any new developments in the case, such as witness statements or forensic evidence. By presenting a strong case for release, an appellant may increase their chances of being granted bail. Another potential strategy is to seek the assistance of a bail bondsman. A bail bondsman can post the bail amount on behalf of the appellant, which can make it easier to secure release. However, this option can be costly, and the appellant will typically be required to pay a percentage of the bail amount as a fee to the bondsman. Ultimately, the decision to make an application for release under section 679(2) will depend on a range of factors specific to the appellant's case. It is important to carefully consider all options and potential strategies before taking action. By working with an experienced criminal defense lawyer, appellants can ensure that they are making informed decisions and presenting the strongest possible case for release.