section 742.6(3.3)

INTRODUCTION AND BRIEF DESCRIPTION

A judge can adjourn an allegation of breach of condition hearing for a reasonable period.

SECTION WORDING

742.6(3.3) A judge may, at any time during a hearing of an allegation of breach of condition, adjourn the hearing for a reasonable period.

EXPLANATION

Section 742.6(3.3) of the Criminal Code of Canada provides judges with the discretion to adjourn a hearing for an allegation of breach of condition. This means that if an individual who is out on bail or probation is alleged to have violated one of the conditions they were required to follow, the judge overseeing the case may pause the hearing temporarily. The purpose of this provision is to ensure that the accused receives a fair and just process. The judge has the power to decide the length of the adjournment, based on various factors such as the complexity of the case, the seriousness of the alleged violation, and the availability of evidence. During the adjournment, the accused person may be required to abide by additional conditions, such as reporting to a probation officer, surrendering their passport, or wearing an electronic monitoring bracelet. This provision in the Criminal Code is important because it recognizes that allegations of breach of conditions can be complex and require sufficient time to assess. If the accused is found to have breached their conditions, they may face consequences such as a revocation of bail or probation, or additional conditions may be imposed. Therefore, it is crucial that the hearing process is fair and thorough. Overall, Section 742.6(3.3) provides judges with the flexibility to adjourn a hearing for an allegation of breach of condition so that they can ensure that the accused person is given a proper opportunity to defend themselves. This can contribute to the overall fairness and integrity of the Canadian criminal justice system.

COMMENTARY

Section 742.6(3.3) of the Criminal Code of Canada gives a judge the power to adjourn a hearing for an allegation of breach of condition for a reasonable period. This section is an important provision in the Criminal Code as it aims to ensure that the justice system remains fair, impartial, and effective in addressing the needs of both the offender and the public. The provision is particularly important in cases where the accused is facing a breach of condition charge. Such cases require careful consideration and must be handled with care to ensure that the accused receives a fair trial and that the public interest is protected. In situations where a hearing is adjourned, the judge has the opportunity to review any additional evidence that is presented during the adjournment period. This may include new information about the accused or the nature of the offence, which could be pivotal to the case. The section reflects the fundamental principle of justice, which requires that a person accused of a crime is entitled to a fair trial. This principle is enshrined in the Canadian Charter of Rights and Freedoms and reflects Canada's commitment to maintaining a justice system that is transparent, impartial, and fair. The provision allows for a fair hearing in which the accused can present their defence, which is critical in ensuring that justice is served. Section 742.6(3.3) also recognizes the importance of protecting the public from any harm that may result from a breach of condition. The provision gives the judge the power to ensure that the accused is not released back into the community until the hearing is complete. This is particularly important in cases where the breach of condition involves an act of violence, which requires that the judge takes into account the safety of the public. Furthermore, the provision also reflects the importance of procedural fairness in the criminal justice system. It ensures that the accused is given sufficient time to prepare their case, and that they are not prejudiced by any delays in the proceedings. Procedural fairness is essential in maintaining public confidence in the justice system and upholding the rule of law. Overall, Section 742.6(3.3) is a crucial provision in the Criminal Code of Canada that ensures that justice is served in cases of breach of condition. It allows for a fair hearing, recognizes the importance of protecting the public, and upholds procedural fairness. The provision is a testament to Canada's commitment to maintaining a justice system that is transparent, impartial, and fair.

STRATEGY

Section 742.6(3.3) of the Criminal Code of Canada is an important provision that allows judges the discretion to adjourn a hearing for an allegation of breach of conditions for a reasonable period. The provision offers flexibility in proceedings related to breach of conditions and can be beneficial in certain circumstances. However, it also presents strategic considerations for both the prosecution and the defense when dealing with such situations. One of the key strategic considerations for the prosecution is deciding when to request an adjournment of the hearing. The prosecutor may seek an adjournment to gather additional evidence or to ensure key witnesses are available to give testimony. Moreover, an adjournment may be necessary to negotiate a plea deal with the defense. Prosecutors need to assess the benefits and risks of the adjournment as it may also result in a significant delay in the proceedings, which could work against the prosecution's case. Furthermore, if the defendant is remanded in custody, it may further delay the proceedings and possibly have implications for pretrial detention. For the defense, the strategic consideration is more focused on the timing of the adjournment. If the defense counsel believes that further evidence may come to light that could support the defendant's case, counsel may request an adjournment to gather additional evidence or to speak with clients. The defense lawyer may also seek an adjournment to have time to negotiate a plea bargain with the prosecution. However, defense counsel must be mindful that an adjournment also comes with the risk of further prosecution evidence surfacing or witnesses becoming unavailable. Additionally, when dealing with the provision, strategic considerations from both sides must factor in the impact of the adjournment on the trial and witnesses, such as the availability of witnesses, risks of fallacy, reliability or accuracy of their evidence, and potential testimony discrepancies. The adjournment can significantly delaying the proceedings, and witnesses may have difficulty recalling recent events, which could work against both the prosecution and the defense. In approaching Section 742.6(3.3) of the Criminal Code of Canada, there are several strategies that both parties can deploy. For example, the prosecution may use the adjournment period to gather additional evidence to strengthen their case and make better-informed decisions. Alternatively, they could negotiate a plea deal or use the adjournment period to engage in alternative dispute resolution options such as mediation, conciliation or restorative justice. On the other hand, the defense may capitalize on the adjournment to better prepare their case, submit additional evidence in support of their argument, or use the time to discuss plea agreements with the prosecution. The defense may also consider negotiating bail arrangements to maintain the accused's freedom while also reducing the adjournment period. In conclusion, Section 742.6(3.3) of the Criminal Code of Canada provides a useful tool for both the prosecution and defense in breach of condition proceedings. However, strategic considerations should be taken by both parties to make an informed decision on whether to request an adjournment. Additionally, both parties must use the adjournment period as a strategic opportunity to gather and review evidence, negotiate plea deals, and prepare for future proceedings.