INTRODUCTION AND BRIEF DESCRIPTION
A person who made an objection can make representations in private during a hearing or appeal related to that objection.
SECTION WORDING
462.48(13) During the hearing of an application under subsection (7) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.
EXPLANATION
Section 462.48(13) of the Criminal Code of Canada pertains to the hearing of an application brought under subsection (7) of the same section, or an appeal relating to such an application. Specifically, the provision provides that during such a hearing, the individual who initially made the objection that prompted the application or appeal must be given the opportunity to make ex parte representations upon their request. The purpose of this provision is to ensure fairness in the hearing process. Ex parte representations refer to representations made by one party in the absence of the other. This means that the individual who made the objection can present their case and provide additional information to the judge or reviewing authority without the presence of the party against whom the objection was made. This provides them with an opportunity to make their case without scrutiny or interference from the other party, and ensures that the hearing is not dominated by the opposing view. This section is particularly relevant in the context of criminal law, where issues such as property seizures, bail conditions, or other matters related to the criminal justice system may be at stake. The provision allows individuals to present their case in a manner that is free from undue influence or pressures, and ensures that their rights are protected. Overall, section 462.48(13) of the Criminal Code of Canada is an important provision that upholds the fundamental principles of fairness and justice in the criminal justice system. It provides an opportunity for individuals to present their case without interference from opposing parties or undue pressures, creating a balanced and equitable hearing process.
COMMENTARY
Section 462.48(13) of the Criminal Code of Canada is an important provision that ensures that all parties involved in an application or appeal brought in respect of an objection have the opportunity to make their case. The provision is particularly relevant in cases where an objection has been made against the seizure of property under the Criminal Code. The section provides that the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte. This means that the person making the objection will be allowed to present their case in the absence of the other party involved in the matter. The purpose of this provision is to ensure that all parties involved in the application or appeal have the opportunity to present their case fully and effectively. It is essential that all parties have a fair opportunity to be heard and to present evidence to support their case. This is particularly important in cases where property has been seized, as the owner may have important evidence that is relevant to the case. Allowing the person who made the objection to make representations ex parte helps to ensure that they are not coerced or influenced by the other parties involved in the matter. It also allows the person to present their case without fear of retaliation or intimidation. Additionally, the provision helps to ensure that the decision made by the court or tribunal is fair and impartial. Allowing all parties to present their case fully and effectively helps to ensure that the decision is based on all available evidence, and not just the evidence presented by one party. Overall, Section 462.48(13) of the Criminal Code of Canada is an important provision that helps to ensure that all parties involved in an application or appeal have a fair opportunity to be heard. By allowing the person who made the objection to make representations ex parte, the provision helps to ensure that they are not coerced or unduly influenced by the other parties involved in the matter. It also helps to ensure that the decision made by the court or tribunal is fair and impartial, based on all available evidence.
STRATEGY
Section 462.48(13) of the Criminal Code of Canada is a crucial provision that deals with ex parte representations during the hearing of an application or appeal. This provision states that the person who made the objection in respect of which the application was made or the appeal was brought shall be given the opportunity to make representations ex parte on request during the hearing. This provision poses significant strategic considerations and requires strategic planning to employ effective strategies that could bear the desired outcomes. One strategic consideration when dealing with this provision is to ensure that the request is made carefully. Under this provision, only the person who made the objection is eligible to make representations ex parte upon request. Therefore, it is essential to ensure that the request is made by the right person to prevent unnecessary delays or objections by the opposing party. Additionally, the request should only be made on matters that require ex parte representation. Otherwise, such a request could be frivolous and could weaken the case's credibility. Another strategic consideration is to prepare adequately before making ex parte representations. Since ex parte representation is given only on request, the parties involved should make sure that they are well-prepared to present compelling arguments effectively. Preparation could involve gathering sufficient evidence and documentation to support the case, developing robust legal arguments, and anticipating potential objections or counterarguments by the opposing party. Adequate preparation is crucial as it increases the likelihood of success during ex parte representations. Employing effective strategies could enhance the likelihood of success during ex parte representations. One strategy is to ensure that ex parte representations are made in writing. Written representations provide the parties involved with an opportunity to present their arguments more succinctly and comprehensively. Additionally, written representations are less prone to external influence than oral representations, thus maintaining the fairness of the hearing's proceedings. Another strategy is to limit the scope of ex parte representations. The parties involved should ensure that ex parte representations only cover matters that cannot be disclosed in open court without causing undue harm. By limiting the scope of ex parte representations, the parties reduce the risk of exposing sensitive information that could weaken their case's credibility. In conclusion, Section 462.48(13) of the Criminal Code of Canada is a crucial provision that requires effective planning and strategic considerations. Some strategic considerations could be making the request carefully and ensuring adequate preparation before making ex parte representations. Effective strategies such as making ex parte representations in writing and limiting the scope of representations could enhance the likelihood of success during the hearing. Ultimately, it is essential to maintain the fairness and integrity of the hearing's proceedings, which could be achieved by employing effective strategic considerations.