INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the rules for serving a summons, including the delivery of a copy of the authorization and the involvement of a peace officer.
SECTION WORDING
487.055(5) The summons shall be accompanied by a copy of the authorization referred to in subsection (1) and be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least sixteen years of age.
EXPLANATION
Section 487.055(5) of the Criminal Code of Canada mandates the delivery of a summons that is accompanied by a copy of the authorization referred to in subsection (1). This delivery must be carried out by a peace officer, who is required to deliver it personally to the person to whom it is directed. However, if that person cannot conveniently be found, the peace officer is permitted to leave the summons at their latest or usual place of residence, with any person found there who appears to be at least sixteen years of age. The subsection is an essential component of the legal framework key to the Canadian justice system. The summons and delivery process establishes a reliable system of communication between the legal apparatus and the accused. This is a crucial aspect of the legal process because it provides the accused with a clear understanding of the charges against them, and the chance to present their defenses or plead guilty. Through this process, a person is given notice that they are required to appear before a court to respond to legal claims made against them. In the context of the Criminal Code of Canada, this section helps ensure that the legal system functions in a just and fair manner. It also provides clarity on the proper process of serving a summons, ensuring that the legal apparatus operates efficiently and effectively. In summary, Section 487.055(5) of the Criminal Code of Canada is an essential component of the legal framework. It ensures that the accused receives precise and accurate notice of their charges and provides them with an opportunity to respond appropriately. This section also ensures that the legal system functions in an orderly and efficient manner.
COMMENTARY
Section 487.055(5) of the Criminal Code of Canada is a provision that addresses the manner in which a summons should be served to a person who is the subject of an investigation or search warrant by a peace officer. The provision requires that a summoned person be served with a copy of the authorization that is referred to in subsection (1) of the section. This authorization usually relates to an investigative technique, such as the interception of communications or the use of a tracking device, which must be supported by a court order. The requirement to serve a copy of the authorization is crucial as it informs the summoned person of the legal basis for the investigation and any rights or obligations they may have under the law. It also serves to ensure that the summoned person is informed of the limitations and conditions of the investigative technique, which may affect their privacy rights. The provision further requires that the summons be served by a peace officer who may either deliver it personally to the person or leave it at their latest or usual place of residence with any person found there who appears to be at least sixteen years of age. The purpose of this provision is to ensure that the summons is either personally received by the individual or, if that is not possible, left in a manner that will most likely come to their attention. This provision recognizes that a summons may not always be served in person, especially if the person is not known to the peace officer or is deliberately evading service. In such circumstances, leaving the summons with a responsible person at the person's residence ensures that the individual is served, and their legal rights are protected. In addition to specifying the manner in which the summons is to be served, section 487.055(5) imposes an obligation on the summoned person to attend court in response to the summons. Failure to appear in court may result in a contempt of court charge or the issuance of a warrant for the person's arrest. In summary, section 487.055(5) of the Criminal Code of Canada serves to protect the legal rights of individuals who are subject to investigation by requiring that they be informed of the legal basis for the investigation and the nature of any investigative technique used against them. It also seeks to ensure that the summons is delivered to them in a manner that most likely comes to their attention, whether by personal delivery or leaving it at their usual place of residence with a responsible person. Finally, the section obligates the summoned person to appear in court, failing which may lead to sanctions under the law. The provision, therefore, reinforces the importance of due process and legal rights in the criminal justice system.
STRATEGY
Section 487.055(5) of the Criminal Code of Canada outlines the requirements for serving a summons that is accompanied by an authorization under subsection (1). In order to comply with this section of the Criminal Code, it is important to consider the various strategic considerations that may arise. Some of the key strategic considerations that may be relevant include the following: 1. Timing: One of the most critical strategic considerations when dealing with this section of the Criminal Code is timing. It is important to ensure that the summons is served in a timely manner and that the person to whom it is directed has enough time to prepare for any court appearances that may be required. If the summons is delayed or served too close to the court date, it may be difficult for the person to obtain legal representation or adequately prepare their case, which could have significant implications for the outcome of the proceedings. 2. Method of Service: Another important strategic consideration is the method of service. Depending on the circumstances, it may be more effective to deliver the summons personally or to leave it at the person's latest or usual place of residence. In some cases, it may be necessary to employ creative strategies to ensure that the person receives the summons, such as enlisting the help of a friend or family member to deliver it personally. 3. Documentation: It is essential to document the service of the summons in order to provide evidence of compliance with section 487.055(5) of the Criminal Code. This may involve taking photographs or video footage of the delivery process, obtaining signed affidavits from witnesses, or keeping detailed notes and records of the date, time, and method of service. 4. Privacy Considerations: It is important to consider the privacy of the person to whom the summons is directed when delivering it. This may involve taking steps to ensure that the summons is not visible to other individuals, or providing the person with the option to receive it in a private setting. Some strategies that could be employed when dealing with this section of the Criminal Code include: 1. Utilizing Technology: In some cases, it may be possible to take advantage of technology to deliver the summons in a more efficient and secure manner. For example, the summons could be delivered via email or through a secure online portal. 2. Coordinating with Law Enforcement: It may be beneficial to coordinate with law enforcement officials to ensure that the summons is delivered in a safe and efficient manner. This could involve enlisting the help of a local police department or engaging the services of a process server. 3. Conducting Background Research: Prior to serving the summons, it may be useful to conduct background research on the person to whom it is directed. This could include obtaining information about their usual place of residence, employment status, and social network in order to facilitate the delivery process. 4. Providing Resources for Legal Assistance: Finally, it may be beneficial to provide the person to whom the summons is directed with resources for obtaining legal assistance. This could include providing them with contact information for local legal aid providers or offering to connect them with a reputable defense attorney. By taking these steps, it may be possible to improve the likelihood of a successful service of the summons while also ensuring that the person's legal rights are protected.