section 679(9)

INTRODUCTION AND BRIEF DESCRIPTION

This section dictates the forms for undertakings and recognizances under the Criminal Code of Canada.

SECTION WORDING

679(9) An undertaking under this section may be in Form 12 and a recognizance under this section may be in Form 32.

EXPLANATION

Section 679(9) of the Criminal Code of Canada pertains to undertakings and recognizances in relation to bail hearings. Undertakings are promises or agreements made by an accused person to abide by certain conditions, such as staying away from particular people or places, or refraining from committing certain acts while on bail. Recognizances, on the other hand, require the accused person to post a sum of money or valuable property as a guarantee that they will appear in court as required. The section specifies that these undertakings and recognizances must be in the prescribed forms, namely Form 12 and Form 32. This ensures that the documents are standardized and known to court officials, simplifying the administration of bail proceedings. Essentially, these forms serve as contracts between the accused person and the court, outlining the conditions of their release on bail. The use of undertakings and recognizances is an important aspect of the criminal justice system in Canada as they provide a means of ensuring individuals accused of crimes are held accountable to the courts and prevent them from absconding. Failure to comply with the conditions of an undertaking or recognizance can lead to the forfeiture of the posted funds or property, or even the revocation of bail and return to custody. Section 679(9) therefore plays a vital role in the procedural framework of bail hearings and serves to promote consistency and accountability in the administration of justice.

COMMENTARY

Section 679(9) of the Criminal Code of Canada is a relatively straight forward provision that deals with the documentation for both an undertaking and a recognizance under this section. Specifically, this section provides that an undertaking may be in Form 12 and a recognizance may be in Form 32. An undertaking is a promise made by an individual to comply with certain conditions as set out by the court. These conditions may include things like no contact with certain individuals, a curfew, or attending counselling sessions. If an individual does not comply with the conditions of their undertaking, they may be arrested and brought before the court. A recognizance, on the other hand, is a promise made by an individual to pay a certain amount of money if they fail to comply with certain conditions as set out by the court. The amount of money that an individual may be required to pay can be significant, and failure to comply with the conditions of a recognizance can result in the forfeiture of the pledged amount. The fact that there are prescribed forms for these legal documents makes them more accessible and easier to complete for both individuals and legal professionals. This ensures that individuals are not disadvantaged due to their lack of legal knowledge or access to resources. There are a number of situations where an undertaking or recognizance may be required. For example, an individual who is charged with a criminal offence may be required to enter into an undertaking or recognizance in order to be released from custody prior to their trial. Similarly, an individual who has been found guilty of an offence may be required to enter into an undertaking or recognizance as part of their sentence. Another situation where an undertaking or recognizance may be required is in cases where there is a risk that an individual may flee the jurisdiction in order to avoid prosecution. In these cases, the court may require a high level of security in order to ensure that the individual remains in Canada until their trial. Overall, the prescribed forms for undertakings and recognizances under Section 679(9) of the Criminal Code of Canada are an important aspect of the legal system. They help to ensure that individuals are held accountable for their actions and that the justice system is accessible to everyone, regardless of their level of legal knowledge or access to resources.

STRATEGY

Section 679(9) of the Criminal Code of Canada deals with the terms and conditions of release of an accused person pending trial or appeal. An accused person may be released on an undertaking or recognizance, with or without conditions, as long as the accused agrees to appear in court at the specified time and place. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. These include the nature and seriousness of the charges, the weight of the evidence against the accused, the character and background of the accused, and the risk of flight or re-offending. One key strategy that could be employed is to seek the assistance of a competent legal professional who can provide guidance on the various options available and help negotiate the terms of release with the Crown prosecutor. This could involve presenting compelling evidence to convince the prosecutor that the accused is not a flight risk or a danger to society, and that they are willing and able to abide by the conditions of release. Another strategy could be to secure sureties or references who are willing to vouch for the accused and provide collateral or financial guarantees to ensure their appearance in court. These sureties could be family members, friends, or colleagues who can attest to the accused's character and reliability, and who are willing to assist in the event that the accused violates the terms of release. A further strategy could be to agree to conditions of release that minimize the risk of flight or re-offending, such as a curfew, a requirement to report to a bail supervisor, a ban on contact with certain individuals or places, or a prohibition on alcohol or drug consumption. These conditions should be reasonable and proportionate to the risk posed by the accused, and should be closely monitored and enforced by the bail supervisor or police. In conclusion, section 679(9) of the Criminal Code of Canada provides a framework for the release of accused persons pending trial or appeal, and requires careful consideration of a range of strategic factors. By seeking the advice and support of legal professionals, securing sureties or references, and agreeing to reasonable conditions of release, accused persons can increase their chances of obtaining bail and successfully navigating the criminal justice system.