section 709(2)

INTRODUCTION AND BRIEF DESCRIPTION

A decision made under subsection (1) is considered made during the trial mentioned in that section.

SECTION WORDING

709(2) A decision under subsection (1) is deemed to have been made at the trial held in relation to the proceedings mentioned in that subsection.

EXPLANATION

Section 709(2) of the Criminal Code of Canada deals with the issue of an accused's mental fitness to stand trial. According to subsection (1), if a judge has reasonable grounds to believe that the accused is unfit to stand trial, the judge may order an inquiry into the accused's mental condition. If the inquiry determines that the accused is in fact unfit, the judge may then order that the accused be detained in custody or released on certain conditions, including undergoing treatment to improve their mental condition. Subsection (2) of section 709 provides that any decision made under subsection (1) is deemed to have been made at the trial held in relation to the proceedings mentioned in that subsection. This means that the decision to order an inquiry into the accused's mental condition, as well as any subsequent decision to detain or release them based on the inquiry's findings, are treated as if they were made during the trial itself. The purpose of this provision is to ensure that any decision regarding an accused's mental fitness is integrated into the trial process rather than treated as a separate proceeding. This allows the trial to proceed smoothly and efficiently, without the need for separate hearings or delays. It also ensures that any decision made about an accused's mental fitness is given proper consideration and is subject to the same procedural safeguards as any other decision made during the trial. By deeming the decision to have been made during the trial, the accused's rights are protected and their fair trial interests are safeguarded.

COMMENTARY

Section 709(2) of the Criminal Code of Canada is a provision that deals with decisions made under subsection (1) of the same Section. Subsection (1) provides that when an accused person is released from custody prior to trial, the court may impose certain conditions on the accused's release. These conditions serve to ensure that the accused will appear for trial and will not commit further offences while on release. Subsection (2) of this provision provides that any decision made under subsection (1) is deemed to have been made at the trial held in relation to the proceedings mentioned in that subsection. This means that any conditions imposed on the accused during their pre-trial release will continue to be in effect during the trial period as well. This provision is important because it ensures that the conditions imposed on an accused person during their release from custody are maintained throughout the trial period. The accused is then also expected to abide by these conditions while the trial is underway. This can help to ensure that the accused will appear for trial and that they will not commit further offences while on release. One reason for this provision is to ensure that the accused remains accountable for their actions while on release before the trial. The provision ensures that the accused does not violate the conditions of their release, as any such violation may result in further legal consequences or perhaps even call their pretrial release into question. In cases where the accused is on pre-trial release, they may be subject to various conditions imposed by the court, such as reporting to a particular location at particular times or refraining from contact with certain people. Such conditions serve to ensure that the accused will not interfere with the administration of justice, will appear for trial, and will protect the public from any potential danger. The provision also helps to maintain a level of consistency in the accused's legal proceedings from pre-trial proceedings all the way to the trial. This provision helps to ensure that the conditions imposed on the accused while they were on pre-trial release are consistent with those that will apply to them during the trial period. In conclusion, section 709(2) of the Criminal Code of Canada is an important provision that helps to maintain consistency and accountability in legal proceedings. By ensuring that the conditions imposed on an accused person during pre-trial release are consistent with those that will apply during the trial, this provision helps to ensure that accused persons are held accountable for their actions and that necessary measures are taken to protect the public from potential harm.

STRATEGY

Section 709(2) of the Criminal Code of Canada deals with the process of a judge's decision to allow an accused person to go free on bail during the appeal period. If the appeal period is a lengthy one, with the process taking several months, it becomes crucial to consider strategies for dealing with this section of the Criminal Code of Canada. Some strategies that could be employed are as follows: Engaging a Bail Lawyer One of the strategies to consider when dealing with Section 709(2) of the Criminal Code is to engage a bail lawyer. A bail lawyer who is familiar with criminal law and the bail process can help individuals navigate the complex legal process surrounding bail and ensure they receive the best possible outcome. Alternatively, if the accused had a lawyer in the initial criminal proceedings, they should be involved in the appeals process and help to argue for the release of their client on bail. Providing Strong Reasons for Bail One of the essential strategies for dealing with section 709(2) of the Criminal Code is to provide strong reasons for bail. Some reasons that could be provided are having strong ties to the community, having a stable employment history, strong family support, and financial stability. The accused's reputation and character may also play a role in gaining bail. Pre-Trial Preparation It is essential to prepare for the appeal process by gathering all necessary documents, including court transcripts and other information that could help to win a bail hearing. Such documents may include medical records, employment letters, references, and a statement from the accused's family or employer. This information enables the accused to put forward an informed argument for their release on bail, ensuring that they have the best chances of success. Bail Appeal Timing Another critical strategy is to time the bail appeal correctly. The strength of the bail appeal increases significantly if the appeal is launched soon after being denied bail. It is important to remember that a bail appeal needs to be made at the earliest possible opportunity. Therefore, engaging a bail lawyer immediately after denial of bail is often recommended. Conclusion In conclusion, Section 709(2) of the Criminal Code of Canada is a crucial aspect of the bail process, particularly during the appeal period. Engaging a bail lawyer, providing strong reasons for bail, pre-trial preparation, and timing the bail appeal correctly are essential strategies when dealing with this section of the Criminal Code. These strategies can increase the chances of a successful bail hearing, ensuring that an accused person stays out of jail during the appeal period.