INTRODUCTION AND BRIEF DESCRIPTION

A copy of the order made by a judge must be served to the relevant person in a manner directed by the judge or as prescribed by the court rules.

SECTION WORDING

462.33(8) A copy of an order made by a judge under subsection (3) shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.

EXPLANATION

Section 462.33(8) of the Criminal Code of Canada deals with the service of an order made by a judge under subsection (3). Subsection (3) empowers a judge to make an order restraining a person from dealing with property in certain circumstances, such as where there are reasonable grounds to believe that the property was obtained through unlawful activity or where it is being used to commit a criminal offence. Once an order is made under subsection (3), it is important that the person to whom the order is addressed is served with a copy of the order. This serves two purposes. First, it ensures that the person is aware of the order and the restrictions placed upon them. Second, it provides evidence that the person has been notified of the order, which is important in case the person subsequently breaches the order. The manner in which the copy of the order is served is left to the discretion of the judge or in accordance with rules of court. This is because the method of service may depend on the circumstances of the case, such as the location of the person, the urgency of the matter and the difficulty of locating the person. Overall, section 462.33(8) is an important provision in ensuring that orders made under subsection (3) of the Criminal Code are effectively communicated to the person to whom they are addressed, so that they are fully aware of their legal obligations.

COMMENTARY

Section 462.33(8) of the Criminal Code of Canada states that when a judge makes an order under subsection (3), a copy of that order must be served on the person to whom the order is addressed in a manner directed by the judge or prescribed by the relevant rules of court. This section is crucial to the administration of justice in Canada since it ensures that individuals who are subject to certain orders are made aware of them and know what actions they must take to comply with them. Subsection (3) of the same section grants judges the power to make a variety of orders against individuals or entities that have been convicted of certain Criminal Code offenses. These orders include making forfeiture orders (where the offender must give up the proceeds of the crime they committed), restitution orders (where the offender must pay back any money or property they took from the victim), and prohibition orders (where the offender may be prohibited from engaging in certain activities, such as owning a firearm or operating a business). Without subsection (8), the ability to enforce these orders could be severely compromised. If individuals subject to these orders were not aware of their existence or scope, they might inadvertently violate them, leading to further criminal charges and convictions. Conversely, if individuals were aware of an order but had not received a copy of it, they might be uncertain about their obligation to comply with it. This could lead to confusion and frustration for both the offender and the authorities responsible for enforcing the order. The requirement for service of a copy of the order in a manner dictated by the judge or prescribed by the rules of court underscores a broader principle of the Canadian justice system: clarity and transparency. By clearly communicating the terms of an order to the individual subject to it, the judge and the court system ensure that everyone is on the same page with respect to what needs to be done. This is important not only for ensuring compliance with orders but also for ensuring that all involved parties are able to make fully informed decisions. Moreover, the requirement for service of the order in a manner directed by the judge or prescribed by the rules of court allows for flexibility in the service process. In some cases, a judge may direct that an individual be served with an order in a particular way that takes into account their unique circumstances. For example, if someone is homeless, a judge may direct that an order be served on them at a local shelter or social service agency. This flexibility ensures that the service process is tailored to the individual being served, further helping to ensure clarity and reduce confusion. In conclusion, section 462.33(8) of the Criminal Code of Canada is an essential provision for ensuring that orders made by judges under subsection (3) are enforced effectively and fairly. By requiring that a copy of the order be served on the individual to whom it is addressed in a manner directed by the judge or prescribed by the rules of court, this provision ensures that everyone involved in the process is on the same page and understands what needs to be done. This helps to promote clarity, transparency, and fairness, all of which are crucial to the proper functioning of the Canadian justice system.

STRATEGY

Section 462.33(8) of the Criminal Code of Canada mandates the service of a copy of an order made by a judge under subsection (3) to the person to whom the order is addressed. This provision raises several strategic considerations for parties intending to rely on it in a criminal case. Some of the strategic considerations and strategies that could be employed are discussed below. 1. Timeliness of service: One of the critical strategic considerations when dealing with Section 462.33(8) is the timeliness of service. The section requires that the copy of the order be served on the person in the manner directed by the judge or prescribed by the rules of court. The time within which the service must be effected is not stated in the section, but parties must ensure that service is carried out promptly after the order is made. This is because any delay in service may affect the validity of the order, and the person concerned may challenge the order on that basis. To ensure timely service, a party seeking to rely on Section 462.33(8) may employ the following strategies: - Immediately obtain a copy of the order from the court and prepare it for service. - Confirm with the judge or court registry the preferred mode of service and comply with the direction. - Consider engaging a professional process server to effect service promptly and ensure that proof of service is obtained and filed with the court. 2. Personalized service: Another strategic consideration is whether the service must be personalized. The section does not expressly provide for personalized service, but it is essential to consider whether personalized service is necessary in a particular case. Personalized service means that the copy of the order is delivered personally to the person concerned. This is usually the most reliable mode of service as it ensures the person receives the order and acknowledges it. To determine whether personalized service is necessary, the party relying on Section 462.33(8) may consider the following: - Whether the person concerned is likely to evade or avoid service; - Whether the person's whereabouts are known and can be easily reached; and - Whether there is an urgent need for the person to receive the order, such as where the order relates to the freezing of assets or the seizure of property. If personalized service is necessary, the party may consider engaging a professional process server to effect the service or petition the court for an order directing personalized service. 3. Proof of service: A third strategic consideration when dealing with Section 462.33(8) is proof of service. The section requires that the copy of the order be served and prescribes the mode of service. It is, therefore, important to have proof of service filed with the court to demonstrate that the service has been effected. The mode of service and proof of service required may differ depending on the jurisdiction and court. Some of the strategies a party relying on Section 462.33(8) may employ to obtain proof of service include: - Engaging a professional process server who can provide an affidavit of service or statutory declaration; - Filing a certificate of service indicating the mode of service employed and verifying the service; and - Filing a copy of the order with a receipt or acknowledgment from the person concerned indicating that they have received the order. In conclusion, Section 462.33(8) of the Criminal Code of Canada requires that a copy of an order made by a judge under subsection (3) be served on the person concerned. This provision raises several strategic considerations that parties must bear in mind when relying on it, such as timeliness of service, personalized service, and proof of service. Employing the right strategies can ensure that the service is carried out promptly and effectively, reducing the risk of challenges to the order.