Criminal Code of Canada - section 20 - Certain acts on holidays valid

section 20

INTRODUCTION AND BRIEF DESCRIPTION

Warrants, summons, and notices can be issued and executed on holidays in accordance with certain parts of the Criminal Code of Canada.

SECTION WORDING

20. A warrant or summons that is authorized by this Act or an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI, XXI or XXVII may be issued, executed, given or entered into, as the case may be, on a holiday.

EXPLANATION

Section 20 of the Criminal Code of Canada is a provision that allows warrants, summons, appearance notices, promises to appear, undertakings, and recognizances to be issued and executed on a holiday. This means that law enforcement officials can carry out their duties and enforce the law on holidays, which are typically observed as non-working days. This provision is essential as it enables law enforcement agencies to maintain public safety and ensure that offenders are brought to justice promptly, regardless of the day of the week. It is also important because it ensures that justice is not delayed simply because a holiday falls on a day when legal processes need to be carried out. Moreover, the provision is also significant in the context of protecting the rights of accused persons. For instance, if a suspect is arrested on a holiday, they can still be brought before a judge without any undue delay so that they can have their rights explained to them and understand the charges against them. Overall, Section 20 of the Criminal Code of Canada is a crucial provision that ensures that the law is enforced effectively and efficiently. It enables law enforcement agencies to carry out their duties on holidays so that public safety is maintained, and justice is served without any undue delay.

COMMENTARY

Section 20 of the Criminal Code of Canada is a provision that allows for warrants, summonses, appearance notices, promises to appear, undertakings, and recognizances to be issued, executed, given or entered into on a holiday. The origins of this section can be traced back to the laws and traditions of the Canadian legal system, which have evolved over time to reflect the changing needs and values of the country. The purpose of this section is to ensure that justice is served even on holidays when courts and other legal institutions may be closed. By allowing for these legal documents to be issued on holidays, law enforcement officials and other legal authorities can ensure that their work continues uninterrupted and that the public's right to justice is protected. However, it is important to note that the use of this provision is not without controversy. Critics of this provision argue that it may result in increased bureaucracy and excessive use of police authority, leading to civil liberties violations. In response to this concern, it is important for law enforcement officials and other legal authorities to use this provision judiciously, in order to avoid any potential abuses of power. Moreover, it is important to understand that the use of this provision also reflects the changing nature of the Canadian legal system. As society becomes more interconnected and globalized, the need for a justice system that operates 24/7 becomes increasingly apparent. This is particularly true in cases involving international crime, cybercrime, and other forms of transnational crime, where the ability to respond quickly and effectively is paramount. In conclusion, Section 20 of the Criminal Code of Canada is an important provision that reflects the needs and values of the Canadian legal system. While it may be controversial, it is essential for ensuring that justice is served even on holidays and other times when traditional legal institutions may be closed. As we move forward, it is important for law enforcement officials and other legal authorities to use this provision wisely, to ensure that the public's right to justice is protected while also safeguarding individual liberties. With the proper approach, Section 20 can help to strengthen Canada's legal system and ensure that we remain a just and fair society for all.

STRATEGY

Section 20 of the Criminal Code of Canada allows for warrants, summonses, appearance notices, promises to appear, undertakings, or recognizances to be issued, executed, given, or entered into on holidays. While it may seem like a minor provision, this section can have significant strategic implications for both law enforcement and criminal defence lawyers. From a law enforcement perspective, the ability to issue warrants or summons on holidays can be advantageous in a number of ways. For instance, if an officer has reason to believe that a suspect is planning to flee over a long weekend or during a holiday period, they can move quickly to obtain a warrant before the suspect has a chance to carry out their plan. In addition, holidays can be a time when many people are out of town or otherwise occupied, which may make it easier for officers to execute warrants and make arrests without attracting undue attention. Of course, there are also potential challenges to consider when dealing with Section 20. For example, if a warrant or summons is issued on a holiday, it may be more difficult for officers to find a justice of the peace or judge who is willing and able to sign off on the document. In addition, courts and other government offices may be closed on holidays, which could complicate the process of scheduling court appearances or obtaining other necessary documentation. For criminal defence lawyers, strategies for dealing with Section 20 will depend on the circumstances of the case. In some cases, the fact that a warrant or summons was issued on a holiday may be grounds for challenging the validity of the document. For example, if an officer obtained a warrant without proper authorization or without meeting the requirements of Part XVI, XXI, or XXVII, a defence lawyer might argue that the warrant was invalid and should be thrown out. In other cases, a defence lawyer may need to consider the strategic implications of delays caused by holidays or court closures. For instance, if a client is awaiting trial and a key hearing or ruling is scheduled for a holiday period, the lawyer may need to work with the court and other parties to ensure that the case proceeds as smoothly as possible. This could involve seeking adjournments or trying to convince the court to hold proceedings outside of normal business hours. Ultimately, the strategic considerations around Section 20 will depend on a range of factors, including the nature of the case, the parties involved, and the specifics of the holiday period in question. However, by carefully considering the implications of this provision of the Criminal Code of Canada, law enforcement officials and criminal defence lawyers can work to ensure that their clients receive the best possible outcomes in their cases.