INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the requirements for prosecutors to give an undertaking or enter into a recognizance in summary conviction appeals.
SECTION WORDING
817(1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, forthwith after filing the notice of appeal and proof of service thereof in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor (a) give an undertaking as prescribed in this section; or (b) enter into a recognizance in such amount, with or without sureties and with or without deposit of money or other valuable security, as the justice directs.
EXPLANATION
Section 817(1) of the Criminal Code of Canada concerns the procedure that the prosecutor must follow when an appeal is taken under section 813. The section requires the prosecutor to appear before a justice after filing the notice of appeal and proof of service in accordance with section 815. The justice is then required to give both the prosecutor and the respondent a reasonable opportunity to be heard before ordering the prosecutor to either give an undertaking or enter into a recognizance. The purpose of this section is to ensure that the prosecutor takes responsibility for the appeal and provides some form of security that they will follow the rules and attend the appeal hearing. The prosecutor is given two options to meet this requirement. The first is to give an undertaking, which is a formal promise to abide by the conditions set by the justice. The second option is to enter into a recognizance, which is a form of bail that requires the prosecutor to pay a certain amount of money or provide other valuable security as a guarantee that they will attend the appeal. The amount of money or valuable security required for the recognizance is determined by the justice and may be influenced by factors such as the seriousness of the offence, the likelihood that the prosecutor will attend the appeal, and the prosecutor's previous criminal history. In some cases, sureties may be required to guarantee the prosecutor's attendance at the appeal. Overall, section 817(1) plays an important role in ensuring that the appeals process operates smoothly and fairly. By requiring the prosecutor to provide some form of security, it helps to ensure that the appeal hearing can go ahead as planned and that justice can be served.
COMMENTARY
Section 817(1) of the Criminal Code of Canada relates to the requirements for a prosecutor who is appealing to a summary conviction court under section 813. This section of the Code sets out the obligations that the prosecutor must fulfill in order to take such an appeal. The section states that, after filing a notice of appeal and providing proof of service in accordance with section 815, the prosecutor must appear before a justice. At this point, the justice will allow both the prosecutor and the respondent (the accused person) a reasonable opportunity to be heard. There are then two possible requirements that the justice may impose on the prosecutor. Firstly, they may require the prosecutor to give an undertaking as prescribed in the section. Alternatively, they may direct the prosecutor to enter into a recognizance, with or without sureties, and with or without the deposit of money or other valuable security. The purpose of these requirements is to ensure that the prosecutor is held accountable for their actions during the appeal process. By giving an undertaking or entering into a recognizance, the prosecutor is essentially promising to follow certain conditions and take responsibility for their conduct during the appeal. The undertaking and recognizance requirements are not the same thing, however. An undertaking is essentially a formal promise made by the prosecutor to do something or refrain from doing something specified by the justice. A recognizance, on the other hand, is a formal document that binds the prosecutor to a certain course of action and can involve monetary deposits and sureties. This section of the Code is important because it ensures that the prosecutor is held accountable for their actions during an appeal. It helps to ensure that the appeal process is conducted in a fair and transparent manner, with both the prosecutor and the accused having equal opportunities to be heard. Overall, section 817(1) of the Criminal Code of Canada is an important provision that helps to ensure that the appeal process is conducted in a transparent and fair manner. It emphasizes the importance of accountability and helps to promote trust in the justice system.
STRATEGY
When considering Section 817(1) of the Criminal Code of Canada, there are a few strategic considerations that should be kept in mind. It is important to understand the purpose and intent of this section, as well as the potential consequences of non-compliance. Additionally, it is important to consider the specific circumstances of each case and how they may impact the outcome. One strategy that could be employed when dealing with this section is to carefully review the relevant laws and regulations, as well as any applicable case law. This will help to ensure that you fully understand the requirements and obligations imposed by Section 817(1), and can make informed decisions about the best course of action. Another strategy that could be effective is to work closely with a qualified and experienced legal professional. This could include consulting with a criminal defense lawyer, seeking advice from a legal expert, or working with a paralegal service. By working with a knowledgeable professional, you can ensure that your interests are protected and that you are taking all appropriate steps to comply with Section 817(1). Another important consideration when dealing with Section 817(1) is timing. It is critical to file the notice of appeal and proof of service in accordance with Section 815 as soon as possible. Failure to do so could result in significant consequences, including the loss of your right to appeal altogether. In addition to complying with the requirements of Section 817(1), it may also be wise to consider other strategies to protect your interests. For example, you may wish to prepare a detailed defense strategy or seek out additional evidence to support your case. Additionally, you may wish to consider negotiating a plea bargain or settlement agreement with the prosecution if appropriate. Ultimately, there are a wide range of strategic considerations to keep in mind when dealing with Section 817(1) of the Criminal Code of Canada. By carefully reviewing the relevant laws and regulations, working with a qualified legal professional, and considering all of the available options and potential consequences, you can protect your interests and achieve the best possible outcome in your case.