INTRODUCTION AND BRIEF DESCRIPTION
The obligation to comply with section 490.02901 begins upon being served notice.
SECTION WORDING
490.02904(1) The obligation under section 490.02901 begins on the day on which the person is served with the notice.
EXPLANATION
Section 490.02904(1) of the Criminal Code of Canada is a provision that outlines an important obligation for individuals who have been served with a notice under section 490.02901 of the same Code. Essentially, this section specifies that the obligation starts on the day on which the person is served with the notice. Section 490.02901 of the Criminal Code of Canada further explains the purpose and scope of such notices. Notices under this section are typically served to individuals who are either subject to a restraint order, or who have had their property seized under a search warrant or a production order. The notice serves as a warning to these individuals that they must not dispose of or otherwise deal with their property without the court's permission. The obligation referred to in section 490.02904(1) therefore involves complying with the terms of the notice served under section 490.02901. Individuals who fail to comply with the notice may face serious consequences, including criminal charges and additional penalties. It is important to note that this obligation is not optional and cannot be disregarded. Once an individual is served with the notice, they are legally obligated to comply with it. Failure to do so may result in severe legal consequences and may be viewed as contempt of court.
COMMENTARY
Section 490.02904(1) of the Criminal Code of Canada is a critical aspect of Canadian law that outlines the obligation of a person served with a notice under section 490.02901. This code emphasizes the importance of the role that notices play in Canada's criminal justice system. Notices serve as a means of communicating vital information to offenders who have committed a crime. They are a formal warning that the offender may have to forfeit any property that derives from their unlawful activities to the government. The obligation under this section begins as soon as the notice is served to the person in question. When a notice is served, the person receiving the notice is required to comply with its terms. This section of the Criminal Code of Canada emphasizes the importance of adhering to this obligation because it plays an essential role in the criminal justice system. If an offender disregards their obligation under section 490.02901, they may face severe consequences such as a fine or imprisonment. Therefore, it is essential for any person who receives a notice to understand the significance of adhering to its terms. Section 490.02904(1) of the Criminal Code of Canada also highlights the importance of due process in the criminal justice system. Before an individual can be served with a notice under section 490.02901, they must have been convicted of a crime, either through a trial or by pleading guilty. This section of the Criminal Code of Canada ensures that all individuals are judged based on their actions and the legal process. Once an offender has been convicted, they are provided with notice, emphasizing the importance of due process in the criminal justice system, ensuring that all offenders are granted their fair share of procedural rights. Furthermore, section 490.02904(1) also highlights the importance of transparency in the criminal justice system. The public is entitled to information about the disposition of criminal cases, and this section ensures that notices are served in conformity with due process, allowing for transparency in the Canadian criminal justice system. In conclusion, Section 490.02904(1) of the Criminal Code of Canada is a crucial aspect of Canadian law that outlines the obligation of individuals served with a notice under section 490.02901. This section emphasizes the importance of due process, individual rights, and transparency in the criminal justice system, ensuring that all individuals are treated fairly. It also emphasizes the critical role that notices play in Canada's legal system, communicating vital information to the offenders while setting out the consequences of their non-compliance.
STRATEGY
Section 490.02904(1) of the Criminal Code of Canada requires that a person who has been charged with an offence must provide the prosecution with a notice of their intention to rely on an alibi defence. This notice must be served within a specified time period before the trial begins. Failure to provide this notice can lead to a range of consequences, including the exclusion of the evidence related to the alibi defence. There are several strategic considerations that lawyers must consider when dealing with this section of the Criminal Code. Here are some key strategies: 1) Timing of notice: Providing the notice of the intention to rely on an alibi defence is time-sensitive. It is crucial that the accused and their lawyer provide the notice within the specified time period. This will ensure that the prosecution has adequate time to investigate the alibi and determine whether it is credible. Failing to provide the notice in a timely manner could lead to the exclusion of the evidence pertaining to the alibi defence, which can significantly impact the accused's case. 2) Strength of the alibi defence: The strength of the alibi defence is another key factor to consider. If the alibi defence is weak, it may be better not to rely on it at all. In such cases, the accused may be better off focusing on other defences or strategies. On the other hand, if the alibi defence is strong and credible, it can be a powerful tool in the accused's favour. 3) Presentation of evidence: The presentation of evidence related to the alibi defence is crucial. The accused and their lawyer must ensure that the evidence is presented in a clear and convincing manner. This may involve presenting corroborating witnesses, providing documentation, and other means of supporting the alibi defence. 4) Communication with the prosecution: Effective communication with the prosecution is also important. In some cases, the prosecution may be amenable to a plea bargain or other agreement that takes the alibi defence into account. Working with the prosecution in a constructive manner can result in a more favourable outcome for the accused. 5) Preparation for cross-examination: Finally, preparation for cross-examination is key. The alibi defence is likely to be challenged vigorously by the prosecution. The accused and their lawyer must be prepared to respond to such challenges effectively and convincingly. In summary, there are several key strategic considerations when dealing with section 490.02904(1) of the Criminal Code of Canada. These include timely notice, the strength of the alibi defence, effective presentation of evidence, communication with the prosecution, and preparation for cross-examination. By carefully considering these factors, lawyers can help their clients navigate this section of the Criminal Code and achieve the best possible outcome for their case.