section 679(7)

INTRODUCTION AND BRIEF DESCRIPTION

This section applies to the release or detention of a person who is referred by the Minister of Justice under section 696.3.

SECTION WORDING

679(7) If, with respect to any person, the Minister of Justice gives a direction or makes a reference under section 696.3, this section applies to the release or detention of that person pending the hearing and determination of the reference as though that person were an appellant in an appeal described in paragraph (1)(a).

EXPLANATION

Section 679(7) of the Criminal Code of Canada pertains to the release or detention of an individual who is subject to a ministerial direction or reference as per Section 696.3 of the same code. In essence, if the Minister of Justice issues a direction or reference with respect to an individual, then the provisions of Section 679(7) come into effect for that person. As a result, the individual is treated as though they were an appellant in an appeal described in paragraph (1)(a) of the section. The provision of Section 679(7) is significant because it places individuals who are subject to a ministerial direction or reference in the same position as appellants in appeals. This means that their release or detention pending hearing and determination of the reference follows the same rules and guidelines that govern the release or detention of appellants. Such measures are taken to ensure that justice is served in a fair and consistent manner and that the rights of individuals who are subject to a ministerial direction or reference are protected. Overall, Section 679(7) is an important tool in the administration of justice under the Criminal Code of Canada. By establishing clear rules for the release or detention of individuals who are subject to ministerial direction or reference, this section helps to ensure that their rights are upheld and that justice is served in a fair and consistent manner.

COMMENTARY

Section 679(7) of the Criminal Code of Canada relates to the power of the Minister of Justice to make a reference under section 696.3. The section deals with the release or detention of an individual who is subject to such a reference, treating that person as though they were an appellant in an appeal described in paragraph (1)(a) of the same section. This provision is significant in relation to defendants who may be subject to a reference by the Minister. The power of the Minister of Justice to make a reference under section 696.3 arises where there is reason to believe that an appeal decision may be a miscarriage of justice. The reference is made to the relevant court of appeal, and the proceedings that follow are dealt with as though there was an appeal from the decision in question. The court may then exercise its discretion and either allow the appeal, dismiss the reference, or grant a new trial. Where an individual is the subject of a reference made under section 696.3, section 679(7) requires that their release or detention be determined on the same basis as a person subject to an appeal as described in paragraph (1)(a). This means that the court concerned must apply the same criteria for determining whether the individual should be released or detained as would be applicable in an appeal. The court must consider factors such as the likelihood of absconding, the potential danger to the public, the risk of reoffending, and the likelihood of complying with any bail conditions. The provision appears to be reasonable as it is intended to protect the public interest in ensuring that individuals who may pose a danger to society are properly dealt with by the criminal justice system. Section 679(7) ensures that the court's discretion in relation to such individuals will not be affected by the fact that a reference has been made under section 696.3. Instead, the court is required to consider all relevant factors and to make a decision based on the individual circumstances of the case. It is important to note that the Minister of Justice's power to make a reference under section 696.3 is not used frequently, and only in cases where there is a genuine concern that an appeal decision may have resulted in a miscarriage of justice. Thus, the application of section 679(7) is likely to be rare. However, when it is applicable, it serves to ensure that the interests of the individual on the one hand and the public on the other are properly balanced. In conclusion, section 679(7) of the Criminal Code of Canada is an important provision that ensures that the court's discretion in determining whether an individual should be detained or released pending a reference made under section 696.3 is not affected by the fact of the reference itself. As such, it is an essential safeguard that helps to ensure that justice is served in cases where there is a concern that an appeal decision may have resulted in a miscarriage of justice.

STRATEGY

Section 679(7) of the Criminal Code of Canada provides for the detention or release of a person pending the determination of a reference made by the Minister of Justice under section 696.3. This section is significant because it allows for the detention of a person without bail, even if they have not been convicted of an offense, in situations where there is a risk to public safety or a risk that the person may not appear for their hearing. When dealing with this section of the Criminal Code, one of the primary strategic considerations is to understand the circumstances under which the Minister of Justice may make a reference under section 696.3. These references are typically made in cases where an individual has been acquitted or pardoned of a serious offense, but the government believes that the decision was wrong and wants to appeal the decision. One potential strategy for dealing with this section of the Criminal Code is to challenge the reference made by the Minister of Justice. This may involve arguing that the reference is not based on objective grounds or that it is an abuse of the government's power. If successful, this could result in the individual being released pending the hearing of the reference. However, if the reference is upheld, another strategic consideration is to try to convince the court that the individual should be released on bail pending the resolution of the reference. This may involve presenting evidence that the individual is not a flight risk, that they pose no risk to public safety, and that they have strong ties to the community. Another strategy may involve negotiating with the Crown prosecutor to seek a plea bargain that would result in the charges being dropped or reduced, and in exchange, the individual consents to be detained for a specific period pending the hearing of the reference. This may be a more attractive option if the individual believes there is a strong likelihood of being found guilty if the matter goes to trial. Overall, dealing with section 679(7) of the Criminal Code requires a thorough understanding of the circumstances surrounding the Minister of Justice's reference, as well as the individual's legal and personal circumstances. Effective strategies may involve challenging the reference, seeking bail, or negotiating a plea bargain, depending on the specific circumstances of the case.