section 679(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for the release of an appellant pending the determination of their appeal if it would cause unnecessary hardship to detain them and if their detention is not necessary in the public interest.

SECTION WORDING

679(4) In the case of an appeal referred to in paragraph (1)(b), the judge of the court of appeal may order that the appellant be released pending the determination of his appeal or until otherwise ordered by a judge of the court of appeal if the appellant establishes that (a) the appeal has sufficient merit that, in the circumstances, it would cause unnecessary hardship if he were detained in custody; (b) he will surrender himself into custody in accordance with the terms of the order; and (c) his detention is not necessary in the public interest.

EXPLANATION

Section 679(4) of the Criminal Code of Canada outlines the conditions under which a person who has been convicted of a criminal offense and has appealed that conviction can be released from custody while awaiting the outcome of their appeal. Specifically, this section allows a judge of the court of appeal to order the release of the appellant if they can demonstrate that their appeal has sufficient merit to make it unjust for them to remain in jail, that they will comply with the conditions of the release order, and that their detention is not necessary in the interest of the public. The purpose of this section is to balance the principles of justice and public safety. While it is important to ensure that those who have been convicted of criminal offenses are held accountable for their actions, it is also important to ensure that the appeals process is fair and that individuals are not subjected to unnecessary hardship while awaiting the outcome of their appeal. By requiring the appellant to meet certain conditions in order to be released, the section ensures that public safety is not compromised and that the appellant is held accountable for their actions. It is important to note that the release of an appellant under this section is not automatic and is subject to the discretion of the judge hearing the appeal. The judge must carefully consider the circumstances of the case and ensure that the release of the appellant does not pose a risk to the public or compromise the principles of justice. Overall, this section serves as an important safeguard for individuals who have been convicted of criminal offenses and are seeking to appeal their convictions.

COMMENTARY

Section 679(4) of the Criminal Code of Canada governs the release of an appellant pending the determination of his or her appeal. In order to be released, the appellant must satisfy three conditions, namely, that the appeal has sufficient merit that it would cause unnecessary hardship if he or she were detained in custody, that he or she will surrender themselves into custody in accordance with the terms of the order, and that his or her detention is not necessary in the public interest. The first condition requires that the appeal has sufficient merit that it would cause unnecessary hardship if the appellant were detained in custody. The merit of the appeal is determined by the judge of the court of appeal, who must consider all the relevant factors, including the legal and factual issues raised in the appeal, the strength of the evidence against the appellant, the seriousness of the offence, and the length of the sentence. The judge must also consider any other factors that may affect the appellant's ability to prepare and argue his or her appeal, such as the availability of legal counsel and resources, the appellant's health and personal circumstances, and any other obstacles that may hinder his or her ability to participate effectively in the appeal. The second condition requires that the appellant will surrender himself or herself into custody in accordance with the terms of the order. This is an important condition that ensures that the appellant will comply with the terms of his or her temporary release. The terms of the order may include reporting to a bail supervisor, abstaining from certain activities or associating with certain individuals, and posting a cash deposit or surety. The appellant must demonstrate to the judge that he or she is willing and able to comply with these conditions and that he or she will not flee or otherwise breach the terms of the order. The third condition requires that the appellant's detention is not necessary in the public interest. This is a broad and flexible criterion that takes into account the various interests of the justice system and the public. In general, the public interest is served when dangerous or violent offenders are detained pending their trial or appeal, or when there is a risk that they may flee or interfere with the administration of justice. However, the public interest may also be served by granting bail to an appellant in appropriate circumstances, such as when the appellant is not a flight risk, has strong community ties, and does not pose a danger to the public. Overall, section 679(4) strikes a balance between the interests of the appellant and the interests of the justice system and the public. By requiring the appellant to demonstrate the merit of his or her appeal, his or her willingness to comply with the terms of the release order, and the absence of a public interest in his or her detention, the section ensures that only those appellants who meet strict criteria are granted bail. This helps to maintain public confidence in the justice system and promote the principles of fairness, impartiality, and due process.

STRATEGY

When dealing with section 679(4) of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. This section allows an appellant to be released pending the determination of their appeal, subject to certain conditions. These conditions are related to the merits of the appeal, the likelihood of the appellant surrendering themselves into custody as ordered, and the public interest. Here are some strategies that could be employed when dealing with this section: 1. Build a strong case: The first strategy is to build a strong case for the appeal. This means that the appellant needs to have a credible argument that their appeal has sufficient merit that it would cause unnecessary hardship if they were detained in custody. To do this, the appellant needs to have a clear understanding of the legal issues at hand and how they relate to their case. They also need to be able to provide evidence to support their argument. 2. Demonstrate a willingness to comply: The second strategy is to demonstrate a willingness to comply with the conditions of release. This means that the appellant needs to be able to show that they will surrender themselves into custody in accordance with the terms of the order. This can be done by providing a plan of where they will live, how they will support themselves, and how they will comply with any restrictions or conditions on their release. 3. Show the lack of danger to the public: The third strategy is to show that the appellant's detention is not necessary in the public interest. This can be done by demonstrating that the appellant is not a danger to the public and that they are likely to comply with the conditions of their release. This can be done by providing evidence of the appellant's character, employment history, and relationships with family and community members. 4. Address the concerns of the court: The fourth strategy is to address any concerns that the court may have regarding the appellant's release. This may include addressing concerns about flight risk, danger to the public, or community impact. The appellant can do this by providing evidence of their ties to the community, their employment history, and any other relevant factors that may mitigate the concerns raised by the court. 5. Seek legal advice: Finally, it is important for the appellant to seek legal advice from a qualified criminal lawyer who has experience in dealing with section 679(4) of the Criminal Code of Canada. A lawyer can provide invaluable advice and guidance on how to present the case, address the concerns of the court, and present a strong case for release pending the determination of the appeal.