section 465(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section clarifies that the requirements and exceptions for an accused person to appear in court apply to all territorial divisions.

SECTION WORDING

465(6) For greater certainty, the provisions of this Act relating to (a) requirements that an accused appear at and be present during proceedings, and (b) the exceptions to those requirements, apply to proceedings commenced in any territorial division pursuant to subsection (5).

EXPLANATION

Section 465(6) of the Criminal Code of Canada clarifies that the provisions set out in the Act pertaining to an accused's legal obligation to appear at and attend court proceedings, as well as the exceptions to these requirements, apply to legal proceedings initiated in all territorial divisions as prescribed under subsection (5). This provision applies to all accused persons in Canada, requiring them to be present in court during trial proceedings or any other related legal matter unless an exception applies. The Criminal Code of Canada is a federal statute that defines criminal offenses, procedures for prosecution, and penalties for committing a crime in Canada. The provisions set out in Section 465(6) aim to ensure that no accused person can evade the law by absconding the trial or avoiding the court proceedings. The court needs the accused to be present in court, to present their defense, and to answer the questions of the court. Section 465(6) allows the accused to avoid appearing in court in certain exceptional situations such as medical emergencies, mental or physical incapacity, extreme hardship, or other extenuating circumstances as determined by the judge. It is pertinent to note that failure to appear in court without a valid reason is considered a criminal offense and may lead to the issuance of a warrant of arrest against the accused person. In conclusion, Section 465(6) ensures that the provisions of the Criminal Code of Canada relating to the accused's attendance in court apply uniformly throughout the country, ensuring the just and fair administration of justice.

COMMENTARY

Section 465(6) of the Criminal Code of Canada provides clarity and certainty regarding the application of provisions related to the presence of the accused during criminal proceedings. It states that the requirements and exceptions for an accused to appear in court apply to all territorial divisions where criminal proceedings have been initiated under subsection (5). The provision ensures that accused individuals have the right to be present during their criminal proceedings, which is a fundamental principle of justice. It also recognizes the practical limitations that may arise when conducting proceedings across multiple territorial divisions. The provision is particularly important in ensuring that accused individuals are not unfairly penalized due to their inability to physically appear in court. There may be various reasons why an accused may not be able to attend court, such as being in custody or due to health or logistical reasons. The exceptions to the requirement of the accused to be present in court account for these circumstances and allow for alternative methods of participation, such as video conferencing. Additionally, this provision emphasizes the importance of territorial divisions operating in the same way and adhering to the same procedures and principles in criminal proceedings. It ensures that there is consistency across different territorial divisions, which is essential for upholding the principles of justice and fairness. Overall, section 465(6) is an important provision that provides guidance on the application of provisions related to the presence of the accused during criminal proceedings, ensuring that the defendant's rights are protected while maintaining consistency across territorial divisions. By doing so, it upholds the core principles of justice and fairness in the criminal justice system.

STRATEGY

Section 465(6) of the Criminal Code of Canada provides a crucial legal manoeuvre that is often used in criminal defence cases. Essentially, it confirms that the provisions of the Criminal Code regarding the requirement of an accused to appear at and be present during proceedings apply to proceedings initiated in any territorial division. This section offers an important legal strategy for lawyers that is based on the principle of venue shopping". This approach involves selecting a specific location where a trial is conducted, and the lawyer can take into account the advantages and disadvantages inherent in different venues. Some of the key strategic considerations that lawyers should remember when dealing with this section of the Criminal Code of Canada include the following. The selection of the venue can have a profound effect on the outcome of the trial. Depending on where a trial takes place, the attitudes of the judge, jury, or local residents can change. It is essential to identify a jurisdiction where the accused has a better chance of receiving a more favourable outcome. The prosecutor may object to the defence's demand to have the trial in a particular place. Therefore, the defence must be able to justify the proposed location based on sound legal principles and ensure that the judge understands the reasoning behind the request. Depending on the offence and the circumstances of the case, certain venues may be more or less sympathetic to the accused or to the prosecution. As such, lawyers should consider the jurisdictional history of the area in question, including recent cases and judicial rulings. Some venues may be better for obtaining bail. In such cases, the defence can request that the accused be transferred to a different jurisdiction where they are more likely to attain bail. In conclusion, dealing with Section 465(6) of the Criminal Code of Canada requires careful consideration of the strategic factors that can influence the outcome of a trial. A lawyer needs to carefully assess the venue that will provide the best results for their client, taking into account the legal principles involved, the specifics of the case, and the jurisdictional history of the location. By doing so, they can employ effective legal strategies that lead to a successful outcome.