section 482.1(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows courts to issue a summons or warrant to ensure the presence of the accused at case management proceedings, if rules are made under subsection (1).

SECTION WORDING

482.1(3) If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings.

EXPLANATION

Section 482.1(3) of the Criminal Code of Canada empowers the court, justice, or judge to issue a summons or warrant to force the accused to attend the case management proceedings. This section becomes relevant when the court has made rules under subsection (1) to manage cases more effectively and efficiently. The rules could relate to any aspect of the trial process, such as pre-trial conferences, disclosure of evidence, or scheduling. The purpose of the case management proceedings is to facilitate a fair and speedy trial, reduce delays, and avoid unnecessary costs. The summons or warrant issued under this section represents a legal obligation for the accused to attend the case management proceedings. Failure to comply with the summons or warrant could result in penalties such as fines, imprisonment, or other sanctions. The court may issue the summons or warrant for various reasons, such as compelling the accused to disclose information relevant to the trial, review the progress of the case, or resolve procedural issues. Issuing the summons or warrant also ensures that the accused does not evade justice or undermine the integrity of the trial process. In conclusion, section 482.1(3) of the Criminal Code of Canada reinforces the importance of case management proceedings and provides the court with the power to enforce attendance of the accused. This section helps to streamline the trial process and ensure that justice is served in a timely and efficient manner.

COMMENTARY

Section 482.1(3) of the Criminal Code of Canada allows for the issuance of a summons or warrant to compel the accused to appear in case management proceedings. The purpose of this provision is to streamline the criminal justice process and ensure that cases proceed efficiently and expeditiously through the system. Case management proceedings are a relatively recent innovation in the Canadian criminal justice system. Essentially, case management involves a series of pre-trial meetings between the Crown prosecutor and the defence counsel, as well as with the judge presiding over the case. The goal of these meetings is to identify the key issues in the case, explore potential resolutions, and generally ensure that the case is moving forward in an organized and efficient manner. Case management has become increasingly important in recent years as a means of addressing the significant backlog of criminal cases in many Canadian courts. By identifying key issues early in the process, the hope is that cases can be resolved more quickly, reducing the burden on the court system and minimizing delays for both accused individuals and victims. The issuance of a summons or warrant to compel the accused to appear at case management proceedings is an important component of this process. While most criminal defendants are required to attend court for their trial, these case management proceedings are voluntary. However, by making attendance mandatory, Section 482.1(3) helps to ensure that both the Crown and the defence are actively engaged in the process and that cases are moving forward as efficiently as possible. Of course, it is important to note that the issuance of a summons or warrant is not to be taken lightly. Both of these measures involve coercive state power and can have serious implications for the individual involved. As such, any decision to issue a summons or warrant must be based on a careful consideration of the circumstances of the case, including the nature of the charges, the individual's history and circumstances, and the potential consequences of non-attendance. Despite these concerns, however, Section 482.1(3) is an important tool in the modern Canadian criminal justice system. By requiring the attendance of the accused at case management proceedings, it helps to ensure that cases proceed as expeditiously as possible, reducing delays and contributing to a more efficient and effective justice system for all involved.

STRATEGY

Section 482.1(3) of the Criminal Code of Canada provides for the issuance of a summons or warrant to require the accused's presence at case management proceedings if rules are made under subsection (1). This provision is significant as case management proceedings are critical to ensuring the timely and efficient disposition of criminal cases. One of the primary strategic considerations when dealing with this section of the Criminal Code of Canada is the importance of attending case management proceedings. These proceedings are intended to streamline the trial process by ensuring that both the Crown and defence have the necessary information to prepare their cases fully. Failing to attend case management proceedings can result in unnecessary delays, which can negatively impact the accused's case. As such, counsel for both the Crown and defence must ensure that their clients appear at all case management proceedings unless expressly excused by the court. Another critical strategic consideration when dealing with Section 482.1(3) of the Criminal Code of Canada is the potential impact of a summons or warrant on the accused. Receiving a summons or warrant can be a stressful and traumatic experience, particularly for those who are vulnerable or otherwise disadvantaged. Consequently, counsel for both the Crown and defence must consider the potential impact on the accused when deciding whether to seek a summons or warrant for their attendance at a case management proceeding. Strategies that could be employed to address these considerations include: 1. Communication with the accused: Counsel for both the Crown and defence must communicate with their clients to ensure that they understand the importance of attending case management proceedings. Counsel should also explain the potential consequences of failing to attend a case management hearing, including the possibility of a summons or warrant being issued. 2. Negotiation: Counsel for both the Crown and defence may engage in negotiations to reach an agreement on attendance at case management proceedings. For example, Crown counsel may agree to excuse the accused from a hearing if they provide a written undertaking to attend the next scheduled hearing. Defence counsel may also negotiate to provide additional documents or information in lieu of the accused's attendance at a particular case management hearing. 3. Accommodation: Counsel for both the Crown and defence may seek accommodations, such as scheduling case management hearings at times that are convenient for the accused or enabling remote attendance via video conferencing. Such accommodations may help to reduce the stress and anxiety associated with attending court and can increase the likelihood of the accused's attendance. 4. Pre-emptive measures: Counsel for both the Crown and defence may take pre-emptive measures to avoid the need for a summons or warrant. For example, defence counsel may provide written undertakings to attend all case management hearings, or Crown counsel may provide comprehensive disclosure before the hearing date, so the need for an in-person hearing is reduced. In summary, Section 482.1(3) of the Criminal Code of Canada provides for the issuance of a summons or warrant to compel the presence of the accused at case management proceedings when rules are made under subsection (1). To manage the impact of this provision, counsel for both the Crown and defence must ensure that their clients understand the importance of attending case management hearings and take proactive steps to manage the potential impact of a summons or warrant. This may include communication, negotiation, accommodation, and pre-emptive measures.