section 481.3

INTRODUCTION AND BRIEF DESCRIPTION

This section clarifies that the requirements of appearance and exceptions to appearance apply to proceedings in any territorial division under section 481, 481.1 or 481.2.

SECTION WORDING

481.3 For greater certainty, the provisions of this Act relating to (a) the requirement of the appearance of an accused at proceedings, and (b) the exceptions to that requirement apply to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2.

EXPLANATION

Section 481.3 of the Criminal Code of Canada is a statement of clarity that is intended to clarify the requirements of accused individuals in criminal proceedings. This section confirms that the general provisions of the Criminal Code regarding the appearance of an accused person at proceedings, and the exceptions to this requirement, apply to all proceedings initiated in any territorial division of Canada pursuant to Sections 481, 481.1, or 481.2. The requirement for an accused person to appear in court is a fundamental aspect of our justice system. An accused person's presence in court is essential as it allows the court to ensure that they are receiving a fair trial, are properly informed of the charges against them, and can mount a defense effectively. Section 481 of the Criminal Code sets out the general provisions relating to an accused person's appearances in court. It requires that an accused individual attend court for all proceedings relating to their case. However, there are exceptions to this requirement. Section 481.1 permits an accused person to appear in court through electronic means, such as video conferencing, in certain circumstances. Section 481.2 provides for the issuance of a summons, which is a legal document that compels an accused person to appear in court. Section 481.3 confirms that these provisions apply to all proceedings initiated in any territorial division of Canada. This ensures that there is consistency in the application of these requirements across the country, regardless of where an individual is charged. Overall, Section 481.3 is a necessary provision that ensures clarity and consistency in the application of the Criminal Code's requirements relating to an accused person's appearance in court. It reflects the fundamental principles of fairness and equality that our justice system is built upon.

COMMENTARY

Section 481.3 of the Criminal Code of Canada is a provision that offers clarity and specificity regarding the requirements of the appearance of an accused in court proceedings. The provision outlines the practical application of previous provisions related to the requirement and exceptions for accused appearances in legal proceedings, including sections 481, 481.1, and 481.2. In broad terms, section 481.3 confirms that the requirements for court appearances and exceptions apply to legal proceedings in any territorial division of Canada. This provision can be viewed as a safeguard of an accused's rights and protections under Canadian law. The requirement of an accused's appearance in criminal proceedings serves various functions, including ensuring that the accused is aware of the charges leveled against him, the opportunity to mount a defense, and to protect the interests of the public. The provision of this legal requirement is central to the administration of justice in Canada. However, there are instances where the requirement for an accused's presence in court may be waived. For example, in cases where the accused is in custody, there may be logistical or security challenges in transporting the accused to and from the court. In such instances, the court may hear certain pre-trial proceedings without the presence of the accused. This provision serves to ensure that justice is served while balancing the practical realities of the situation. Additionally, section 481.3 highlights the requirement of appearances, including those intended for the accused, in matters such as appeals and other proceedings that may not relate to the original trial of the accused. The provision thus serves as a reminder to all involved parties in the legal process that issues related to the presence of accused persons are not limited to the trial process and may continue past it. In conclusion, section 481.3 of the Criminal Code of Canada provides clarity and specificity as it relates to the requirement of the appearance of an accused in legal proceedings. The provision emphasizes that such requirements apply in any territorial division, outlines the practical application of such provisions, and serves to balance the rights of the accused and the practical realities of court proceedings. It is a crucial provision in the Canadian legal landscape, contributing significantly to the administration of justice in the country.

STRATEGY

Section 481.3 of the Criminal Code of Canada is a provision that has significant implications for both lawyers and accused individuals. This section clarifies the application of the provisions of the Criminal Code that relate to the appearance of an accused at proceedings and the exceptions to that requirement. Importantly, this provision applies to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2. Therefore, when dealing with this section of the Criminal Code, there are several strategic considerations to keep in mind. The first strategic consideration is the importance of understanding the exceptions to the requirement for the appearance of an accused at proceedings. Under the Criminal Code, an accused person is generally required to appear in person at all stages of their trial. However, there are some exceptions to this rule, such as when the accused person is in custody or when they are unavailable due to illness or some other valid reason. Understanding these exceptions is crucial because they may present an opportunity to avoid unnecessary travel or delays, or to avoid the adverse consequences of having to appear in person. The second strategic consideration is the potential impact of the location of the proceedings on the accused person's ability to appear in person. Under section 481.3 of the Criminal Code, the requirement to appear in person applies to proceedings commenced in any territorial division. This means that an accused person may be required to travel significant distances to appear in court, which can be a significant burden on them, both in terms of time and cost. Therefore, it is important to consider the location of the proceedings and the potential impact on the accused person when developing a strategy for dealing with this section of the Criminal Code. The third strategic consideration is the potential use of technology to enable an accused person to appear in court remotely. With the advent of video conferencing and other technologies, it is now possible for accused individuals to appear in court from a remote location. This can be particularly useful when the accused person is unable to appear in person due to distance or other reasons. However, the use of technology can also present some challenges, such as issues with connectivity or the quality of the video feed. Therefore, it is important to carefully consider the use of technology and to ensure that the necessary resources and support are in place to enable a smooth and effective remote appearance. In conclusion, when dealing with section 481.3 of the Criminal Code of Canada, there are several strategic considerations to keep in mind. These include understanding the exceptions to the requirement for the appearance of an accused, considering the potential impact of the location of the proceedings on the accused person, and exploring the use of technology to enable a remote appearance. By carefully considering these factors and developing an appropriate strategy, lawyers and accused individuals can effectively navigate this important section of the Criminal Code.