Criminal Code of Canada - section 462.36 - Forwarding to clerk where accused to stand trial

section 462.36

INTRODUCTION AND BRIEF DESCRIPTION

The clerk of the court is required to forward a copy of the report or restraint order in respect of the property to the court where the accused has been ordered to stand trial.

SECTION WORDING

462.36 Where a judge issues a warrant under section 462.32 or makes a restraint order under section 462.33 in respect of any property, the clerk of the court shall, when an accused is ordered to stand trial for a designated offence, cause to be forwarded to the clerk of the court to which the accused has been ordered to stand trial a copy of the report filed pursuant to paragraph 462.32(4)(b) or of the restraint order in respect of the property.

EXPLANATION

Section 462.36 of the Criminal Code of Canada outlines the procedures that must be followed by the court when an accused is ordered to stand trial for a designated offence under a warrant or restraint order issued by a judge. In such cases, the clerk of the court must ensure that a copy of the report filed under section 462.32(4)(b) or of the restraint order in respect of the property is forwarded to the court where the accused has been ordered to stand trial. The purpose of this provision is to ensure that the court where the accused is being tried is fully aware of any restrictions or limitations placed on the property in question as a result of the warrant or restraint order in order to prevent any confusion or miscommunication between courts. This provision also allows the court where the trial is being held to consider any relevant information about the property and its ownership during the course of the trial. Overall, section 462.36 of the Criminal Code of Canada is an important safeguard that helps to ensure that relevant information is communicated between different courts in a timely and efficient manner. By requiring the clerk of the court to forward copies of relevant reports or orders to the trial court, this provision helps to promote transparency and consistency in the administration of justice, which is essential to maintaining public trust and confidence in the criminal justice system.

COMMENTARY

Section 462.36 of the Criminal Code of Canada outlines the procedures that must be followed by the court when a judge issues a warrant or makes a restraint order in respect of property. The section requires the clerk of the court to forward a copy of the report filed pursuant to paragraph 462.32(4)(b) or of the restraint order to the clerk of the court to which the accused has been ordered to stand trial. This section plays an important role in the administration of justice in Canada. It ensures that information pertaining to seized or restrained property is shared between the courts. This is important because it allows the courts to make informed decisions about the disposition of property in accordance with the law. The section applies to cases where an accused is ordered to stand trial for a designated offence. In such cases, it is essential that the courts are aware of any property that has been seized or restrained by the authorities. This information can help the courts to determine the appropriate sentence or disposition of the property. The section also emphasizes the importance of documentation in legal proceedings. The clerk of the court must ensure that a copy of the report or restraint order is forwarded to the appropriate court. This helps to ensure that the information contained in these documents is preserved and available to the court that will be hearing the case. Overall, Section 462.36 of the Criminal Code of Canada is an important provision that helps to ensure the proper administration of justice. It promotes transparency and accountability in legal proceedings by requiring courts to share information about seized or restrained property. By ensuring that this information is available to all relevant parties, the section helps to promote fairness and integrity in the Canadian justice system.

STRATEGY

Section 462.36 of the Criminal Code of Canada requires the clerk of the court to forward a copy of the report filed or the restraint order in respect to property when an accused is ordered to stand trial for a designated offence. This section of the Criminal Code proves to be of significant importance and requires strategic considerations to navigate through the legal proceedings. One of the most important strategic considerations is the selection of a well-experienced and knowledgeable criminal defence lawyer. A criminal defence lawyer would be able to advise and guide the accused on the legal implications of Section 462.36. They would be able to examine and scrutinize the evidence obtained through the warrant under Section 462.32 or the restraint order under Section 462.33. They would advise on the rights of the accused and the possibility of challenging the evidence obtained through the means mentioned above. Another strategic consideration that should be taken into account is to ensure that information contained in the report filed or the restraint order is accurate and relevant. This report could be used as evidence during the trial, and the defence must ensure that any errors or omissions are discovered and challenged accordingly. The defence lawyer must also ensure that the evidence obtained through the search is not used to create a narrative that incriminates the accused. It is also critical to ensure that the accused cooperates closely with their criminal defence lawyer. The accused must be open, transparent and provide full disclosure of any relevant information deemed necessary by the lawyer. This assists the lawyer in creating a comprehensive and effective defence strategy to counter any allegations made against the accused. Presenting evidence that challenges the legality of the report filed or the restraint order could be another strategic consideration. The defence could argue that the evidence was obtained unlawfully, and therefore, it should be inadmissible. Therefore, the defence could challenge the validity of the report filed or the restraint order under Section 462.32 or Section 462.33. In conclusion, strategic considerations when dealing with Section 462.36 of the Criminal Code of Canada are crucial. These considerations ensure that the accused receives a fair trial based on the right of every individual to a fair trial and to confront the evidence presented to them. Employing a well-experienced and knowledgeable defence lawyer is critical since they would be able to advise and navigate through the legal proceedings with ease and provide a compelling defence against the alleged criminal behaviour documented in the report filed or the restraint order.